Halsey v. Waukesha Springs Sanitarium
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha county: James J. Dick, Circuit Judge. After the filing, on a former appeal of the case (125 Wis. 311, 104 N. W. 94), of the remittitur from this court, the trial court permitted defendant to amend the answer, and reconsidered the evidence which was included in the bill of exceptions prepared for the former appeal, and which was offered upon the question of the amount to be deducted from plaintiff’s claim for his…
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Appeal from a judgment of the circuit court for Waukesha county: James J. Dick, Circuit Judge. After the filing, on a former appeal of the case (125 Wis. 311, 104 N. W. 94), of the remittitur from this court, the trial court permitted defendant to amend the answer, and reconsidered the evidence which was included in the bill of exceptions prepared for the former appeal, and which was offered upon the question of the amount to be deducted from plaintiff’s claim for his failure to furnish defendant a mixing table as prescribed by the specifications. Upon such proceedings. the court rendered…
1Opinion of the CourtSiebeckee, J.
One of the questions presented by the former appeal was the amount defendant should be allowed against the claim made by the plaintiff as a credit for the failure to furnish a mixing table according to the specifications. Under the decision rendered therein by this court it became necessary to determine whether or not defendant was entitled to a credit for this table, which credit had not been allowed by the plaintiff under the demand of his complaint. This court, in passing on that question in the former decision, said:
“The .item of $150 deduction for a mixing table, rejected by the…
2Cases cited4 opinions
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Whitney v. TraynorWisconsin Supreme Court · 1890
- Bostwick v. Mutual Life InsuranceWisconsin Supreme Court · 1904
- Ledebuhr v. Wisconsin Trust Co.Wisconsin Supreme Court · 1902
3Cited by7 opinions
- Fullerton Lumber Co. v. TorborgWisconsin Supreme Court · 1957
- Monahan v. Fairbanks-Morse Manufacturing Co.Wisconsin Supreme Court · 1912
- State ex rel. Littig v. Superior Court of Dane CountyWisconsin Supreme Court · 1939
- Nelson v. A. H. Stange Co.Wisconsin Supreme Court · 1909
- Tullgren v. CommissionerUnited States Board of Tax Appeals · 1928
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