Legal Opinion

Kosloski v. Kelly

Wisconsin Supreme Court

Decided October 18, 1904PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Vilas county: W. C. SilveethoeN, Circuit Judge. This is an action for a balance alleged to be due for work and labor in a lumber camp.

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Appeal from a judgment of the circuit court for Vilas county: W. C. SilveethoeN, Circuit Judge. This is an action for a balance alleged to be due for work and labor in a lumber camp. The complaint alleged tbat the-plaintiff performed labor between March 30 and June 30,. 1903, for the defendant, working during that time seventy-one and three-fourths days in all, at an agreed price of $35-per month, the balance due being $70.20., The answer alleged that the plaintiff worked for the defendant between the-dates named in the complaint a total of seventy-two and one-fourth days; that it was agreed…

1Opinion of the Court

WiNslow, J".

There is really very little in this case to justify the writing of an opinion. The plaintiff commenced work for defendant March 31st and quit June 30 th or July 1st following, having worked a total of seventy-one and three-fourths days according to plaintiff’s statement, and seventy-two and one-fourth days according to defendant’s statement. He was paid $26.50 on account, and claims he was to be paid at the rate of $35 per month,-while the defendant claims that he was to be paid but $1 per day unless he stayed until the conclusion of a certain job, in which event he was to be paid…

2Cases cited5 opinions

  1. Prentiss v. LedyardWisconsin Supreme Court · 1871
  2. Kellogg v. Citizens Insurance Co.Wisconsin Supreme Court · 1896
  3. Shores Lumber Co. v. StittWisconsin Supreme Court · 1899
  4. Hewitt v. John Week Lumber Co.Wisconsin Supreme Court · 1890
  5. Gehl v. Milwaukee Produce Co.Wisconsin Supreme Court · 1900

3Cited by9 opinions

  1. Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
  2. Behringer v. MuchowSouth Dakota Supreme Court · 1947
  3. Milwaukee Corrugating Co. v. KruegerWisconsin Supreme Court · 1924
  4. Brooks v. National Equipment Corp.Wisconsin Supreme Court · 1932
  5. Koskey v. Harnischfeger Corp.Wisconsin Supreme Court · 1936

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