28 Wis. 628 | Wis. | 1871
There was no evidence tending to show that any of the work was done or materials furnished by the plaintiffs under special contract with the defendant, except in the construction of the hoisting machine; nor was there any evidence establishing the express warranty or representation set up in the second defense of the answer, as to the other work performed by the plaintiffs. It was conceded by the defendant, who was a witness on the stand, that all the labor except
The supposed error in not submitting to the consideration of the jury the damage claimed to have been sustained by the defendant by reason of the delay in the construction of the hoisting machine, or because it was not finished by the 1st of November, is immaterial, since the jury have found there was no special contract to construct the hoisting machine at all, either before the first day of November or any other specified time.
The same is true with respect to the alleged error in the charge that the defendant was not entitled to consequential damages by reason of the work not having been well done, or the machinery put in proper condition. The jury have found that the work was well done, and so the defendant could not have been prejudiced by the charge.
And so, too, as to the defendant’s claim of damage because of the change made and expenses incurred in preparing his building to receive the hoisting machine. The jury have said there was no special contract, or warranty, or representation on the part of the plaintiffs, with respect to the machine.
And the same observations apply to the questions overruled, or testimony offered by the defendant himself as a witness, and by the witness Hayden. The question put to the defendant
By the Court. — Tbe judgment is affirmed.