62 Wis. 18 | Wis. | 1884
This action was brought to recover the consideration price for a Corliss engine of a certain capacity, with air-pump, condenser, and heater, and Eclipse force-pump, with valves, etc., and a boiler, with appurtenances, set up in the defendant’s mill, according to a written contract between the parties, and for extra work. The only provisions of the contract necessary to be considered on this appeal are that the defendant should make the necessary foundation for the
These are the only findings necessary to be considered in disposing of the contested points on the- argument. The plaintiffs took the necessary exceptions to claim that the court made too large deductions for imperfect machinery, and the defendant claims that not enough damages were allowed on that account; but this point was not urged on the.argument. The principal contention was in respect to
The learned counsel of the appellant alleges as error that
The learned counsel for the. appellant also alleged as error that the court allowed, against objection, one of the plaintiffs to testify that the engine they furnished was such an engine as was contemplated by the contract, in answer to the question whether it was such an engine. The general question, whether it was suck,an engine, would imply only whether it was the land of engine contemplated by the contract. The contract called for a “ Corliss ” engine, and there was no dispute but that such an engine was furnished. The case was tried by the court, and exceptions to the admission of improper evidence are not material, if there was proper evidence sufficient to warrant the finding. The case was an important one, and very ably tried and as ably argued in this court, and with the candor characteristic of the counsel on both sides; but to say more in this opinion is unnecessary.
By the Court.— The judgment of the circuit court is affirmed.