Wood v. Schettler
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Action upon contract. Tbe ease is sufficiently stated in tbe opinion. Tbe defendant excepted to sundry rulings and instruct tions of tbe court below, and from tbe judgment rendered in favor of the plaintiffs, appealed to tbis court. insisted that tbe measure of damages applicable to this case was the difference between the contract price of the labor to be performed, and what it would actually cost the plaintiffs to complete…
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APPEAL from tbe Circuit Court for Brown County. Action upon contract. Tbe ease is sufficiently stated in tbe opinion. Tbe defendant excepted to sundry rulings and instruct tions of tbe court below, and from tbe judgment rendered in favor of the plaintiffs, appealed to tbis court. insisted that tbe measure of damages applicable to this case was the difference between the contract price of the labor to be performed, and what it would actually cost the plaintiffs to complete it. 3 Pars, on Con. 184; Meyers v. N. Y. db Ournberla/nd R. R. Go., 2 Curtis’ C. C. R. 28; Royalton v. R. & W. T. Go., 14…
1Opinion of the CourtCole, J.
It is claimed that the court below erred in refusing to give the first and second instruction ashed by the defendant, and also in giving the third instruction ashed by the plaintiffs. Upon the evidence in the case we thinh the ruling of the court was correct in both particulars. The first and second instructions ashed by the defendant were as follows: “ 1. If the jury should find that the plaintiffs are entitled to damages in this case, the measure of their damages is not the price agreed to be paid for pressing and baling the hay, but only a just recompense for the actual injury they…
2Cases cited1 opinion
- Danley v. WilliamsWisconsin Supreme Court · 1863
3Cited by3 opinions
- Allen v. MurrayWisconsin Supreme Court · 1894
- Salvo v. DuncanWisconsin Supreme Court · 1880
- Olson v. City of ViroquaWisconsin Supreme Court · 1904