Lynch v. Henry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by-Mr. Justice Cassoday: The amended complaint alleges, in effect, that March 11, 1887, the plaintiff and one Rhodes entered into an agreement in writing with the defendants, whereby they agreed to construct, and in every respect complete, all the work required by the defendants to be.done on the line of the Duluth, South Shore & Atlantic Railroad, in such manner as.would…
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by-Mr. Justice Cassoday: The amended complaint alleges, in effect, that March 11, 1887, the plaintiff and one Rhodes entered into an agreement in writing with the defendants, whereby they agreed to construct, and in every respect complete, all the work required by the defendants to be.done on the line of the Duluth, South Shore & Atlantic Railroad, in such manner as.would conform in every respect to the direction of the engineer, and in accordance with the specifications thereto annexed; that…
1Opinion of the Court
Oassoday, J".
The principal controversy in this action was as to whether there had been any modification of the written contract by parol, as alleged in the amended complaint. The verdict of the jury is to the effect that there' had been such modification. A careful examination of the printed case convinces us that the evidence on the part of the plaintiff is sufficient to support such finding.
It is claimed that such parol modification or agreement was not based on any new consideration, and for that reason was void. It has frequently been held b}7 this court, in effect, that the consideration…
2Cases cited6 opinions
- Brown v. EverhardWisconsin Supreme Court · 1881
- Snell v. BrayWisconsin Supreme Court · 1882
- Kelly v. BlissWisconsin Supreme Court · 1882
- Bingham v. Insurance Co. of North AmericaWisconsin Supreme Court · 1889
- Ruege v. GatesWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pope v. ThompsonSupreme Court of Georgia · 1924
- Geo. W. Robinson & Co. v. Hyer Bros.Supreme Court of Florida · 1895
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
- Miller v. StanichWisconsin Supreme Court · 1930
- Crutchfield v. DaileySupreme Court of Georgia · 1896
3 more not listed; retrieve them via the Exa API.