(Download) "Troy Company v. Perry and Others" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: Troy Company v. Perry and Others
- Author : Supreme Court of Wisconsin
- Release Date : January 28, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This action by The Troy Company is one to recover on an express contract for the furnishing of plumbing materials and services
on two properties held in a co-tenancy by Phillip and Helen Dimitriades and by Raymond J. and Janice P. Perry. During the
course of trial to the court, although the complaint stated a cause of action for express contract liability, the plaintiff
argued that there was liability on Perry because, alternatively, Dimitriades was the agent of Perry, that Dimitriades and
Perry were partners, or that they were engaged in a joint venture. Recovery was rejected by the trial court, because the evidence
was insufficient to find liability under any theory. At the end of the trial, counsel for the plaintiff moved to amend the
pleadings to allege a right to recover on the theory of unjust enrichment. The trial Judge denied such amendment. We conclude that the court properly found the plaintiff's evidence insufficient in respect to each of the three theories
and that it properly denied the plaintiff's motion to amend the complaint. The judgment is affirmed.
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