Briggs v. Hiles
Wisconsin Supreme Court
APPEAL from tire Superior Court of Milwaukee County. The action is upon an account to recover, quantum meruit, for professional services rendered defendant by the plaintiff as an attorney at law. The account contains a large number of items of such services, extending through a period of more than two years. The answer is (1) a general denial, and (2) a special contract for all services rendered by plaintiff for defendant, and full payment therefor.
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APPEAL from tire Superior Court of Milwaukee County. The action is upon an account to recover, quantum meruit, for professional services rendered defendant by the plaintiff as an attorney at law. The account contains a large number of items of such services, extending through a period of more than two years. The answer is (1) a general denial, and (2) a special contract for all services rendered by plaintiff for defendant, and full payment therefor. On motion of plaintiff, the defendant objecting thereto, the superior court referred all the issues to a referee to hear, try, and determine the…
1Opinion of the CourtLyon, J.
It is not denied that a trial of one of the issues in the action will necessarily require the examination of a long account, but the contention of defendant is that this issue should not be referred until the other issues are decided, because, should it be determined that there was a special contract between the parties fixing the compensation to which plaintiff is entitled for his services, it wfill not be necessary to examine the account. True, such would be the result of a determination of the issue on the alleged special contract for the defendant, but the trial court is not required thus…
2Cases cited8 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- County Board of Supervisors v. DunningWisconsin Supreme Court · 1866
- Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888
- Kingsley v. City of BrooklynNew York City Court · 1876
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3Cited by5 opinions
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- Fowler v. Metzger Seed & Oil Co.Wisconsin Supreme Court · 1907