Eaton v. Joint School District No. 3
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. Action to recover the contract price for the erection, of a school-house, which, before completion, was burned to the ground. The essential facts proved on the trial are stated in the opinion. Yerdict and judgment for the plaintiff. Defendant moved for a new trial on the ground that the verdict was contrary to the- evidence; and appealed from an order denying his motion.
1Opinion of the CourtPaine, J.
It is not claimed that the court below did not correctly instruct the jury when it told them that, as the contract was entire, the building having been destroyed by fire before its completion, the plaintiff could not recover unless it had been accepted'by the district. But this being the law applicable to the case, I am unable to see how the motion for a new trial, on the ground that the verdict was against the evidence, could have been overruled. Where there is some evidence upon which the finding of the jury can fairly be supported, this court would not interfere with the action of the…
2Cited by5 opinions
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