Brauns v. City of Green Bay
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The plaintiff filed with the common council of the defendant city his claim for $290 for services in preparing drawings and specifications for a cedar-block pavement, being one per cent, on $29,000, the alleged cost of such pavement. The council allowed $60, and disallowed the balance of the claim.. From such disallowance the plaintiff appealed to the circuit court, and the cause was tried therein without a jury.
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APPEAL from the Circuit Court for Brown County. The plaintiff filed with the common council of the defendant city his claim for $290 for services in preparing drawings and specifications for a cedar-block pavement, being one per cent, on $29,000, the alleged cost of such pavement. The council allowed $60, and disallowed the balance of the claim.. From such disallowance the plaintiff appealed to the circuit court, and the cause was tried therein without a jury. It was conceded that the plaintiff had been duly employed to do the work in question, and it appeared that he had been engaged twelve…
1Opinion of the CourtCole, C. J.
The contention of the city is that there was an implied contract by which the plaintiff was to render the services in question at the rate of $5 per day, and that he was engaged on the work only twelve days. Consequently it is insisted that his compensation should be limited to $60. The learned circuit court found that there was no agreement which fixed the amount of compensation that the plaintiff should receive for his services, and that he was entitled to recover what his services were reasonably worth. We fully concur in that view of the case. There is really no sufficient evidence to…
2Cases cited1 opinion
- Nauman v. ZoerhlautWisconsin Supreme Court · 1867
3Cited by2 opinions
- Patterson v. HoustonAppellate Court of Illinois · 1901
- Webster v. LoebMissouri Court of Appeals · 1905