Legal Opinion

Duval v. American Telephone & Telegraph Co.

Wisconsin Supreme Court

Decided March 11, 1902PublishedCited by 1 opinion

Appeal from a judgment of tbe superior court of Douglas county: Chas. Smith, Judge. Tbe complaint alleged that tbe defendant, being about to build a telephone line from Superior, Wisconsin, to Minneapolis, Minnesota, on tbe 7th day of June, 1899, entered into a contract with tbe plaintiff Duval, whereby be agreed to furnish food, supplies, boarding, lodging, and shelter for all tbe men and teams that should be employed by the defendant in construction of such line, in…

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Appeal from a judgment of tbe superior court of Douglas county: Chas. Smith, Judge. Tbe complaint alleged that tbe defendant, being about to build a telephone line from Superior, Wisconsin, to Minneapolis, Minnesota, on tbe 7th day of June, 1899, entered into a contract with tbe plaintiff Duval, whereby be agreed to furnish food, supplies, boarding, lodging, and shelter for all tbe men and teams that should be employed by the defendant in construction of such line, in consideration of which the defendant promised to pay specified prices per man and team, “and further agreed that the number of…

1Opinion of the CourtDodge, J.

After careful consideration of the record, we find no reason to disagree with the views of the trial court either as to the construction and effect of the pleadings or to the proper method of protecting the rights of the parties. In the ultimate analysis the purpose of all pleading is to fairly *507and intelligibly notify the opposite party-of the facts claimed to exist as basis for the pleader’s demand. All due liberality is to be accorded sincere attempts to accomplish this purpose as tersely as possible, but when the pleading, either by itself or in connection with other acts, naturally tends…

2Cases cited3 opinions

  1. Elting v. DaytonNew York Supreme Court · 1892
  2. Computing Scale Co. v. ChurchillWisconsin Supreme Court · 1901
  3. Ninman v. SuhrWisconsin Supreme Court · 1895

3Cited by1 opinion

  1. Snow v. PrinceTexas Commission of Appeals · 1929

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