91 Wis. 569 | Wis. | 1895
This case is here for the second time upon a question of mere practice. 84 Wis. 639. The ques
Such change of the findings of the jury is sought to be justified on the ground that the first five questions in the special verdict were each and all answered by the court to the effect that the plaintiffs were architects, as alleged, that as such they rendered the services for the defendant at his request as alleged, that the defendant promised to pay the plaintiffs for such services four per cent, on the gross cost, which was $120,000, and had only paid thereon $1,300; and that, as there is no exception to any of such findings by the court, they must be regarded as verities in the case; and that such findings are sufficient of themselves to entitle the plaintiffs to judgment for a- larger amount than they recovered; and hence that the defendant is not aggrieved.
The difficulty with such contention is that it ignores the issue made upon the plaintiffs’ cause of action and the findings
As the question is here presented, we must treat all the evidence on the part of the defendant in support of these findings as undisputed; and, so treating the same, we must hold that there is evidence sufficient to sustain these findings. This being so, we must hold that the court invaded the province of the jury in changing the answers to the tenth, twelfth, and fourteenth questions. Dahl v. Milwaukee
The printed case consists of 430 pages. The rule provides that it “ shall contain a complete abstract or abridgment of so much of the record ... as may be necessary to a full understanding of the questions presented for decision.” Eule YIII. To comply with this rule, we do not think it was necessary to have printed any more of the evidence than so much on the part of the defendant as would support the findings of the jury in his favor. In taxing costs in this court, the defendant is only to be allowed for printing the case 130 pages.
By the Court.— The judgment of the circuit court is reversed, and the cause is remanded for a new trial.