Farr v. Semple
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Action to recover for servic'es in nursing and caring for the infant son of defendant for sixty-eight weeks and three days at the alleged contract price of $10 per week.
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APPEAL from the County Court of Winnebago County. Action to recover for servic'es in nursing and caring for the infant son of defendant for sixty-eight weeks and three days at the alleged contract price of $10 per week. The complaint admits payments amounting to $320. The answer admits that plaintiff cared for the child sixty-eight weeks and one day, but alleges that the contract was to pay for the services what they were reasonably worth, and that they were worth no more than $5 a week. The answer also alleges payments in money and goods of $499.10. The trial was by the court without a jury,…
1Opinion of the Court
"WiNslow, J.
There was substantially no contest between the parties as to the amount of cash paid by defendant to plaintiff on account of the care of the child. It seems, however, that the defendant had delivered to the plaintiff some articles of personal property, embracing a sewing-machine, a carpet-sweeper, and other articles, aggregating about $100 in value, which he claims were payments on the contract, but which plaintiff claims were gifts. The court found them to be gifts and not payments, and to this finding defendant excepts. The evidence seems to justify the finding. The defendant’s…
2Cases cited3 opinions
- Marsh v. FraserWisconsin Supreme Court · 1875
- Tucker v. GroverWisconsin Supreme Court · 1884
- Hooker v. Village of BrandonWisconsin Supreme Court · 1889
3Cited by9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Birmingham v. StateWisconsin Supreme Court · 1938
- McNally v. McAndrewWisconsin Supreme Court · 1897
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
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