Gist v. Johnson-Carey Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Ciiestee. A. Eowlee., Circuit Judge. Tlie plaintiffs sued to recover for services performed in the construction of a railroad and doing certain grading.
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Appeal from a judgment of the circuit court for Columbia county: Ciiestee. A. Eowlee., Circuit Judge. Tlie plaintiffs sued to recover for services performed in the construction of a railroad and doing certain grading. The original complaint was amended, and under the amended complaint the plaintiffs set out two causes of action, the first upon an express contract alleged to have been entered into-between the plaintiffs and defendant on April 25, 1910, a. copy of which contract is attached to the complaint. The first cause of action alleges the execution of the contract with the defendant…
1Opinion of the Court
The following opinion was filed June II, 1914:
BjeewiN, J.
It is assigned as error that the court erred in refusing to answer question number 2 of the special verdict $107,728.10, and in refusing to instruct the jury in reference to question number 2 as requested, and in refusing to include in the special verdict questions proposed by counsel for defendant.
These assignments of error go to the point insisted upon by counsel for appellant, namely, that the plaintiffs were bound by the alleged contract set up in the complaint as having been executed on April 25, 1910, and remade afterwards, and…
2Cases cited19 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1909
- Reed v. JohnsonWashington Supreme Court · 1901
- Adams v. GaySupreme Court of Vermont · 1847
- Melchoir v. McCartyWisconsin Supreme Court · 1872
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3Cited by7 opinions
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
- Seifert v. DirkWisconsin Supreme Court · 1921
- Gist v. Equitable Surety Co.Wisconsin Supreme Court · 1915
- Welch v. Land Development Co.Wisconsin Supreme Court · 1944
- Perry v. Milwaukee Board of School DirectorsCourt of Appeals of Wisconsin · 1986
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