Stone v. Talbot
Wisconsin Supreme Court
ERROR TO THE COUNTY COURT OF MUiTVAUKBE COUNTY. This was an action of covenant brought by the plaintiff below against the defendant below upon a contract under seal made and entered into by the said parties on the 20th day of February, 1854, at the city of Milwaukee, wherein Talbot, the defendant in error, covenanted and agreed with the two Stones, who were copartners, to manufacture and finish in good substantial and workmanlike manner, forty thrashing machines of a certain…
Read the full summary
ERROR TO THE COUNTY COURT OF MUiTVAUKBE COUNTY. This was an action of covenant brought by the plaintiff below against the defendant below upon a contract under seal made and entered into by the said parties on the 20th day of February, 1854, at the city of Milwaukee, wherein Talbot, the defendant in error, covenanted and agreed with the two Stones, who were copartners, to manufacture and finish in good substantial and workmanlike manner, forty thrashing machines of a certain kind, to be made of the same form, style and finish, as the said Talbot had made for the Stones the year previous, of…
1Opinion of the Court
By the Court,
Whiton, 0. J.
We do not think that the judge before whom the cause was tried, committed any error in permitting the contract to be read to the jury as evidence, for the purpose of showing that the payments which the defendants had proved, were intended to apply upon that contract, and nof upon the one which was the subject matter of the suit. It appears that, after the contract which the defendants were sued upon, was read to the jury, and after proof had been introduced, on the part of the plaintiff to show a performance on his part, the defendants introduced testimony tending to…
2Cited by7 opinions
- Hannan v. EngelmannWisconsin Supreme Court · 1880
- Anderson v. GriffithOregon Supreme Court · 1908
- Northern National Bank v. LewisWisconsin Supreme Court · 1891
- Robbins v. LincolnWisconsin Supreme Court · 1860
- Gallun v. SeymourWisconsin Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.