Rainer v. Schulte
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This action was commenced January 25, 1905, to recover damages for failure to procure insurance on a building in process of erection as agreed.
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Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. This action was commenced January 25, 1905, to recover damages for failure to procure insurance on a building in process of erection as agreed. Tbe amended complaint alleges, in effect, that the plaintiffs are husband and wife and reside at the place stated; that in October, 1904, and prior thereto the plaintiffs were and ever since have been the owners in fee and in possession of the lot described, and were then erecting a residence building thereon, which was partially completed and had cost…
1Opinion of the Court
Cassoday, O. J.
We are constrained to hold that the amended complaint states a good cause of action against the *133defendant. Such cause of action as therein alleged is based upon an express oral agreement, whereby the defendant, in pursuance of the application of the plaintiffs and in consideration of the promise made by them, undertook and agreed to procure forthwith insurance on the building of the plaintiffs, then in process of construction, in the sum of $1,200 for the period of three years, and for which the plaintiffs then agreed to pay the defendant at the rate of eighty cents for each…
2Cases cited4 opinions
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Oliver v. MorawetzWisconsin Supreme Court · 1897
- Stehlick v. Milwaukee Mechanics' InsuranceWisconsin Supreme Court · 1894
- Baldwin v. LeonardSupreme Court of Vermont · 1867
3Cited by14 opinions
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- Havas v. CarterNevada Supreme Court · 1973
- Milwaukee Bedding Co. v. GraebnerWisconsin Supreme Court · 1923
- Journal Co. v. General Accident, Fire & Life Assurance Corp.Wisconsin Supreme Court · 1925
- Peloquin v. HibnerWisconsin Supreme Court · 1939
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