McPherson v. Rockwell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waukesha County. The plaintiff furnished materials for, and erected, a bouse for tbe defendant in Oconomowoc, at a price stipulated in a contract between the parties; and tbe defendant accepted the house, and paid the plaintiff the contract price therefor. This action is for materials and work, of the value of $679.66, alleged to have been furnished for and performed on said house, outside of the contract.
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APPEAL from tbe Circuit Court for Waukesha County. The plaintiff furnished materials for, and erected, a bouse for tbe defendant in Oconomowoc, at a price stipulated in a contract between the parties; and tbe defendant accepted the house, and paid the plaintiff the contract price therefor. This action is for materials and work, of the value of $679.66, alleged to have been furnished for and performed on said house, outside of the contract. The complaint consists of the appropriate common counts, and is accompanied by a bill of particulars, or an itemized account of the'plaintiff’s claim. The…
1Opinion of the Court
LyoN, J;
1.' We are inclined to think that the offer of the contract and specifications in evidence, by the defendant, while the plaintiff was being cross-examined, was premature, and hence, was properly rejected at that stage of the trial. But were it error to reject them in the first instance,- their -subse quent admission cured it. Barton v. Kane, 17 Wis., 37; Barringer v. The People, 14 N. Y., 593.
2. It is quite unnecessary to determine whether the motion for a nonsuit should have been granted or denied,-for the testimony tends to. show that the. materials and labor for which this action…
2Cases cited6 opinions
- People v. MatherNew York Supreme Court · 1830
- Barton v. KaneWisconsin Supreme Court · 1863
- Dodge v. McDonnellWisconsin Supreme Court · 1861
- Bannister v. Patty'sWisconsin Supreme Court · 1874
- Bissell v. SpencerSupreme Court of Connecticut · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Proper v. StateWisconsin Supreme Court · 1893
- J. G. Wagner Co. v. CawkerWisconsin Supreme Court · 1902
- Wright v. City of Fort HowardWisconsin Supreme Court · 1884
- Castenholz v. HellerWisconsin Supreme Court · 1892
- Woodruff v. KingWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.