Buehler v. Staudenmayer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Chestee. A. Fowler, Circuit Judge. The complaint sets forth two causes of action.
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Appeal from a judgment of the circuit court for Columbia county: Chestee. A. Fowler, Circuit Judge. The complaint sets forth two causes of action. The first' cause of action is brought to recover for work and labor performed and materials furnished in the construction of a-foundation, wall, walks, floor, and steps at defendant’s farm Plaintiff alleges that by reason of such work done and ma terials furnished the defendant became indebted to him in the sum of $204.40; that of this amount $174.50 has been paid, leaving a balance due of $29.90. For a second cause-of action plaintiff alleges that…
1Opinion of the Court
BabNes, T.
A number of errors are assigned and argued ■on this appeal. But one of them warrants any discussion. The jury intended to permit the defendant to recover on his alleged counterclaim the sum of $90 as damages because of the failure of the plaintiff to do a good and workmanlike job •of cement work at the farm. It found that such sum represented the difference between the reasonable value of the cement work and what its reasonable value would have been had it been done in accordance with the contract. After the verdict the defendant moved to amend his counterclaim by stating the facts…
2Cases cited14 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Moulton v. McOwenMassachusetts Supreme Judicial Court · 1870
- Hankwitz v. BarrettWisconsin Supreme Court · 1910
- Buskirk v. MurdenIllinois Supreme Court · 1859
- Trustees of the Monroe Female University v. BroadfieldSupreme Court of Georgia · 1859
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