Eaton v. Woolly
Wisconsin Supreme Court
APPEAL from tbe Circut Court for Milwaukee County. Tbe plaintiffs, copartners as macbinists, brought this action to recover $892.60, alleged to be due them on an account against defendant for work and labor done and materials furnished in putting up a “ stationary steam engine and shafting, two lard tanks, one condenser, and one steam hoisting machine,” and also to enforce a lien for tbe amount upon tbe machinery and upon defendant’s interest in tbe premises upon which tbe…
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APPEAL from tbe Circut Court for Milwaukee County. Tbe plaintiffs, copartners as macbinists, brought this action to recover $892.60, alleged to be due them on an account against defendant for work and labor done and materials furnished in putting up a “ stationary steam engine and shafting, two lard tanks, one condenser, and one steam hoisting machine,” and also to enforce a lien for tbe amount upon tbe machinery and upon defendant’s interest in tbe premises upon which tbe same was erected. Tbe answer was, 1. A general denial that any sum was due from defendant to plaintiffs on account. 2.…
1Opinion of the CourtDixoN, C. J.
There was no evidence tending to show that any of the work was done or materials furnished by the plaintiffs under special contract with the defendant, except in the construction of the hoisting machine; nor was there any evidence establishing the express warranty or representation set up in the second defense of the answer, as to the other work performed by the plaintiffs. It was conceded by the defendant, who was a witness on the stand, that all the labor except *630upon tbe hoisting machine was done at day wages, and all other materials furnished at the prices demanded by the plain* tiffs. The…
2Cited by7 opinions
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
- Tacoma Mill Co. v. PerryWashington Supreme Court · 1903
- Black River Improvement Co. v. HolwayWisconsin Supreme Court · 1893
- In re Contested Election of McDonoughSupreme Court of Pennsylvania · 1884
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