Indiana Road Machine Co. v. Town of Lake
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. C. Eschweiler, Circuit Judge. This action, is brought on four town orders. The first cause of action involved an order for $200. The court permitted a recovery on this order to the amount of $150 and interest. The appellant contends that a recovery of only $50 and interest should have been allowed on this cause of action.
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Appeal from a judgment of the circuit court for Milwaukee county: E. C. Eschweiler, Circuit Judge. This action, is brought on four town orders. The first cause of action involved an order for $200. The court permitted a recovery on this order to the amount of $150 and interest. The appellant contends that a recovery of only $50 and interest should have been allowed on this cause of action. The order was drawn for three alleged items of indebtedness: (1) a partial payment of $100 on account of a road roller purchased by the chairman of the town from the plaintiff; (2) a partial payment of $50…
1Opinion of the CourtBaeNes, J.
The contention of the appellant in reference to the allowance of $100 on account of the road roller may be summarily disposed of. Most of the facts in the case were stipulated. The stipulation recited, among other things, that the defendant tendered $150 in payment of the order set out in the first cause of action, which tender was refused, and that “the defendant has been at all times and is now ready to pay for the road machine and the road roller delivered to district No. 26.” The stipulation further provided that it should not “prevent either party from introducing evidence at the trial…
2Cases cited10 opinions
- Brown v. MarylandSupreme Court of the United States · 1827
- Welton v. MissouriSupreme Court of the United States · 1876
- Emert v. MissouriSupreme Court of the United States · 1895
- Kehrer v. StewartSupreme Court of the United States · 1905
- Ashland Lumber Co. v. Detroit Salt Co.Wisconsin Supreme Court · 1902
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