Cohn v. Plumer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This was an action upon quantum meruit for the value of granite furnished by plaintiffs for the building of defendant’s house. The defense was that the granite was furnished under an entire contract to furnish all the granite for the house, according to the plans and specifications, for $10,000, and that the plaintiffs failed to furnish a large portion of the granite.
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APPEAL from the Circuit Court for Marathon County. This was an action upon quantum meruit for the value of granite furnished by plaintiffs for the building of defendant’s house. The defense was that the granite was furnished under an entire contract to furnish all the granite for the house, according to the plans and specifications, for $10,000, and that the plaintiffs failed to furnish a large portion of the granite. The evidence showed that early in 1888 the defendant had plans and specifications prepared by Architect Hol-brook, of Milwaukee, for the building of a house at Wau-sau, and that…
1Opinion of the CourtWinslow, J.
If there was a complete contract made by the plaintiffs at the time of the meeting in the architect’s office, to furnish all the granite required for the building, according to' the plans and specifications, for a specified sum, then the plaintiffs cannot recover upon quantum meruit, because it is admitted that they failed to perform such contract. There was ample evidence to sustain the finding of the jury that such a contract was made. In fact, the testimony of Colin himself tends very strongly to substantiate the claim, and the fact that the plaintiffs went to work getting out the stone…
2Cited by6 opinions
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Francis H. Leggett & Co. v. West Salem Canning Co.Wisconsin Supreme Court · 1914
- Micheletti v. FugittNevada Supreme Court · 1943
- Lamoreaux v. WeismanSupreme Court of Minnesota · 1917
- Widman v. GayWisconsin Supreme Court · 1899
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