Fitzpatrick v. Cottingham
Wisconsin Supreme Court
EEEOE to tbe Circuit Court for Ozaulcee County. Gottingham agreed to build for Kittridge a mill according to certain plans and specifications, and Kittridge agreed to pay bim tberefor $4,800, as follows: Eighty-five per cent, of tbe actual value, pro rata, of tbe work done at tbe end of every two weeks as tbe work progressed, and tbe remaining fifteen per cent, wben tbe work was completed.
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EEEOE to tbe Circuit Court for Ozaulcee County. Gottingham agreed to build for Kittridge a mill according to certain plans and specifications, and Kittridge agreed to pay bim tberefor $4,800, as follows: Eighty-five per cent, of tbe actual value, pro rata, of tbe work done at tbe end of every two weeks as tbe work progressed, and tbe remaining fifteen per cent, wben tbe work was completed. He also agreed to furnish all materials as fast as needed; to do all tbe necessary blacksmith work; and to furnish a miller to dress tbe stones; and agreed to pay Qottingham $1,000 “ fixed and stipulated…
1Opinion of the Court
By the Court,
PAINE, J.
This action was tried before tbe circuit court at tbe April term, 1859. It seems that tbe bill of exceptions was not settled until after tbe first day of tbe next October term ; and for this reason a motion was made to strike it out in this court, just before tbe case was reached in its order for argument. We denied tbe motion upon tbe ground of laches in making it. Tbe bill of exceptions was settled in October, 1859, notice being served on tbe attorney of tbe defendant in error. Tbe writ of error was not sued out until December, 1860, during all which time tbe defendant…
2Cases cited1 opinion
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