Danley v. Williams
Wisconsin Supreme Court
APPEAL from the Circi :it Court for Dane County. The case is stated in the opinion of the court. 1. If either count is defective, inasmuch as the ven.ict is general, the j udgment will be arrested or reversed, for ;he reason that the verdict may have been rendered on the defective count. 1 Ch. PL, 411 ; Benson vs. Swift, 2 Mass., ,53; Kingsly vs. Bill, 9 Mass., 198; Bayard vs. Malcom, 2 Johns., 573 ; Gheetham vs. Tillotson, 5 Johns., 434; Vaughn vs. Havens, 8 Johns., 110 ;…
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APPEAL from the Circi :it Court for Dane County. The case is stated in the opinion of the court. 1. If either count is defective, inasmuch as the ven.ict is general, the j udgment will be arrested or reversed, for ;he reason that the verdict may have been rendered on the defective count. 1 Ch. PL, 411 ; Benson vs. Swift, 2 Mass., ,53; Kingsly vs. Bill, 9 Mass., 198; Bayard vs. Malcom, 2 Johns., 573 ; Gheetham vs. Tillotson, 5 Johns., 434; Vaughn vs. Havens, 8 Johns., 110 ; Cooper vs. Bissell, 15 Johns., 318 ; Hopkins vs. Beadle, 1 Caines, 347; Onslow vs. Horne, 8 Wils., 185; Coolc vs. Fox, 3…
1Opinion of the Court
By the Court,
Paine, J.
The only question in this case is as to the sufficiency of the complaint. It professes to state three causes of action. The first alleges a contract between the plaintiff and defendant, by which the plaintiff was to do the carpenter work upon a house for the sum of five hundred and sixty dollars; $250 to be paid as the work progressed, and *584the balance when completed. It ayers that the work had all been performed by the plaintiff, except four or five days work, that the plaintiff was ready and willing to finish it, but was prevented by the fault of the defendant in not…
2Cases cited4 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Colburn v. WoodworthNew York Supreme Court · 1860
- Heckscher v. McCreaNew York Supreme Court · 1840
- Spencer v. HalsteadCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by13 opinions
- Cook v. McCabeWisconsin Supreme Court · 1881
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Phelps v. ConnelleeTexas Commission of Appeals · 1926
- Winkler v. Racine Wagon & Carriage Co.Wisconsin Supreme Court · 1898
- Myrick v. PurcellSupreme Court of Minnesota · 1905
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