Sharp v. City of Mauston

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtMARSHALL
Citation66 N.W. 803,92 Wis. 629
PartiesSHARP v. CITY OF MAUSTON.
Decision Date27 March 1896

92 Wis. 629
66 N.W. 803

SHARP
v.
CITY OF MAUSTON.

Supreme Court of Wisconsin.

March 27, 1896.


Appeal from circuit court, Juneau county; O. B. Wyman, Judge.

Action by Lucinda Sharp against the city of Mauston to recover a sum allowed plaintiff by defendant's city council in settlement of a claim for personal injuries caused by a defective sidewalk. From a judgment for plaintiff, defendant appeals. Affirmed.

Plaintiff received a personal injury by a fall on a sidewalk in the defendant city. She gave notice to the mayor of such city, pursuant to section 1339, Rev. St., of such injury, claiming that it occurred without fault on her part, by reason of the sidewalk being out of repair; and at the same time she filed with the city clerk a claim for $500, as compensation for such injuries. The claim was investigated by a committee of the common council, who ascertained from the plaintiff that the matter could be settled for $400; and they reported such fact to the council, and thereafter such council adopted resolutions allowing the claim accordingly. Thereafter, plaintiff, through her attorneys, demanded of the proper officers the issuance and delivery of an order on the city treasurer for the amount so allowed in settlement of such claim. They refused to comply with such demand, whereupon this action was brought, upon the theory that, by reason of the facts, a binding contract existed between the city and plaintiff requiring it to pay plaintiff the said sum of $400 in settlement of her claim. The foregoing facts and others requisite to make out a cause of action on plaintiff's theory were set forth fully in the complaint. Defendant demurred generally. The demurrer was overruled, and defendant appealed.

[66 N.W. 803]

F. S. Veeder, for appellant.

Barney & Beebe and Spooner, Sanborn, Kerr & Spooner, for respondent.


MARSHALL, J. (after stating the facts).

It appears to be conceded by the appellant that if, after the common council allowed respondent's claim at $400, she accepted such action as a settlement, a binding contract was thereby made; and that, if such facts appear by the complaint, a good cause of action is stated. The demand in writing upon the city treasurer for the order, after the action of the council allowing the claim, before any proceedings were taken looking to a reconsideration of the matter, constituted an acceptance just as effectual as a writing in terms accepting the promise of the city to pay the sum allowed in settlement of the...

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13 practice notes
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...7 Wall., 463; U. S. v. Child, 12 Wall., 232; Davey v. Big Rapids, 48 N.W. 178; Browne v. Board (Mich.), 85 N.W. 745; Sharp v. Mauston, 66 N.W. 803; People v. Board, 52 N.Y. 89; Perry v. Cheboygan, 21 N.W. 333; Board v. Morgan, 65 P. 41; Murphy v. U.S. 14 Otto, 464 (5 N.W. 176); 17 Am. Dec.,......
  • Bullock v. Yakima Valley Transp. Co., 15295.
    • United States
    • United States State Supreme Court of Washington
    • October 10, 1919
    ...He had an election. It was within his election to bring his action in the usual way, directly against the city. Sharp v. City of Mauston, 92 Wis. 629 [66 N.W. This claim was filed with the county commissioners on the 6th day of April, 1917. This suit was brought nearly 7 months thereafter, ......
  • Western Const. Co. v. Bd. of Com'rs of Carroll Cnty., No. 22,142.
    • United States
    • Indiana Supreme Court of Indiana
    • May 7, 1912
    ...although less than the sum claimed, thereby waives his right to litigate in relation to the balance rejected. Sharp v. City of Mauston, 92 Wis. 629, 66 N. W. 803;Davey v. Big Rapids, 85 Mich. 56, 48 N. W. 178;Perry v. Cheboygan, 55 Mich. 250, 21 N. W. 333; Callahan v. New York, 6 Daly (N. Y......
  • State ex rel. Sch. Dirs. of Worcester v. Johnson
    • United States
    • Wisconsin Supreme Court
    • December 15, 1899
    ...by the treasurer, that specific act may be compelled by mandamus. State v. Richter, 37 Wis. 275;Sharp v. City of Mauston, 92 Wis. 630, 66 N. W. 803;State v. Born, 97 Wis. 542, 73 N. W. 105;Gutta-Percha & Rubber Mfg. Co. v. City of Ashland, 100 Wis. 232, 75 N. W. 1007. These cases do not......
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13 cases
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...7 Wall., 463; U. S. v. Child, 12 Wall., 232; Davey v. Big Rapids, 48 N.W. 178; Browne v. Board (Mich.), 85 N.W. 745; Sharp v. Mauston, 66 N.W. 803; People v. Board, 52 N.Y. 89; Perry v. Cheboygan, 21 N.W. 333; Board v. Morgan, 65 P. 41; Murphy v. U.S. 14 Otto, 464 (5 N.W. 176); 17 Am. Dec.,......
  • Bullock v. Yakima Valley Transp. Co., 15295.
    • United States
    • United States State Supreme Court of Washington
    • October 10, 1919
    ...He had an election. It was within his election to bring his action in the usual way, directly against the city. Sharp v. City of Mauston, 92 Wis. 629 [66 N.W. This claim was filed with the county commissioners on the 6th day of April, 1917. This suit was brought nearly 7 months thereafter, ......
  • Western Const. Co. v. Bd. of Com'rs of Carroll Cnty., No. 22,142.
    • United States
    • Indiana Supreme Court of Indiana
    • May 7, 1912
    ...although less than the sum claimed, thereby waives his right to litigate in relation to the balance rejected. Sharp v. City of Mauston, 92 Wis. 629, 66 N. W. 803;Davey v. Big Rapids, 85 Mich. 56, 48 N. W. 178;Perry v. Cheboygan, 55 Mich. 250, 21 N. W. 333; Callahan v. New York, 6 Daly (N. Y......
  • State ex rel. Sch. Dirs. of Worcester v. Johnson
    • United States
    • Wisconsin Supreme Court
    • December 15, 1899
    ...by the treasurer, that specific act may be compelled by mandamus. State v. Richter, 37 Wis. 275;Sharp v. City of Mauston, 92 Wis. 630, 66 N. W. 803;State v. Born, 97 Wis. 542, 73 N. W. 105;Gutta-Percha & Rubber Mfg. Co. v. City of Ashland, 100 Wis. 232, 75 N. W. 1007. These cases do not......
  • Request a trial to view additional results

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