Lemke v. Daegling
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Action to enforce a mechanic’s lien for mason work on a .dwelling-house. The complaint is on a quantum. meruit. It alleges the value of the work to be $130, admits a payment of $60, and demands judgment for the balance. The answer alleges: (1) That the work was done under a special contract by the defendant to do the same for $80; and (2) that the price thereof did not become due until after the action was commenced.
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APPEAL from the Circuit Court for Washington County. Action to enforce a mechanic’s lien for mason work on a .dwelling-house. The complaint is on a quantum. meruit. It alleges the value of the work to be $130, admits a payment of $60, and demands judgment for the balance. The answer alleges: (1) That the work was done under a special contract by the defendant to do the same for $80; and (2) that the price thereof did not become due until after the action was commenced. It also contains an averment that the work was un-skilfully done, and a counterclaim for damages by reason thereof. The cause…
1Opinion of the CourtLyon, J.
The recitals in the order of the circuit court modifying the report of the referee, and in the judgment, sufficiently show that the court adjudicated the motion of plaintiff to confirm the report, and that of defendant to set it aside. In substance and effect the order denies the motion to confirm as to six dollars of the balance found due the plaintiff, and grants it as to the residue of the report. It also grants the motion of defendant as to such six dollars, and denies it in all other respects. The motion to set aside the report is founded expressly upon the exceptions taken before the…
2Cases cited1 opinion
- Fairbank v. NewtonWisconsin Supreme Court · 1879
3Cited by7 opinions
- Kuhn v. McKayWyoming Supreme Court · 1897
- Houghton v. MilburnWisconsin Supreme Court · 1882
- George, Weeks & Co. v. Swafford Bros.Supreme Court of Iowa · 1888
- Raipe v. GorrellWisconsin Supreme Court · 1900
- Momsen v. AtkinsWisconsin Supreme Court · 1900
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