Oliver v. Heil
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. This was an action to enforce a claim for services performed upon logs and timber, under the lien law. The amount of the claim was $291.71. The defense was that, at the time the action was commenced, the sum claimed was not due and payable, but the amount of plaintiff’s claim was conceded.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. This was an action to enforce a claim for services performed upon logs and timber, under the lien law. The amount of the claim was $291.71. The defense was that, at the time the action was commenced, the sum claimed was not due and payable, but the amount of plaintiff’s claim was conceded. Services were rendered under a written contract between the parties, which did not specify any time of pay-meat; and the defendant insisted that, by a parol agreement between the parties, the amount claimed was not to…
1Opinion of the CourtPinney, J.
There was nothing on the face of the contract upon which the action was brought to indicate or even suggest that it did not embody the entire agreement between the parties. No time of payment for the work the plaintiff was to perform was named in the contract. By a well-established rule of law, payment in such case was to be made on demand. The parol evidence offered at the trial was to prove a contemporaneous parol agreement as to the time of payment,— that payment was not to be made until on or about May 1, 1896. This evidence, if admitted, would have materially varied the construction of…
2Cases cited2 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- Case v. Phœnix Bridge Co.New York Court of Appeals · 1892
3Cited by11 opinions
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Armington v. StelleMontana Supreme Court · 1902
- Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
- Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
- Borchert v. Skidmore Land Co.Wisconsin Supreme Court · 1919
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