Arndt v. Keller
Wisconsin Supreme Court
Appeal, from a judgment of the circuit court for Milwaukee county: D. IT. JohNsou, Circuit Judge. This was an action to enforce a lien for material and labor furnished by plaintiff as principal contractor. The complaint was in the usual form.
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Appeal, from a judgment of the circuit court for Milwaukee county: D. IT. JohNsou, Circuit Judge. This was an action to enforce a lien for material and labor furnished by plaintiff as principal contractor. The complaint was in the usual form. The amount claimed to be' due was $Y46.42. The answer, by proper allegations* set forth that the alleged indebtedness accrued under a contract to build and complete a building according to certain plans and specifications, within a certain time, for a stipulated price. It alleged nonperformance of the contract, put in issue the amount claimed to be due,…
1Opinion of the Court
. Maeshall, J.
The first proposition of appellants’ counsel is that, the fact being established by the verdict that the contract was not fully performed by plaintiff, the conclusion of law that he was entitled to recover is erroneous. The principle invoked is that where a contract provides for payment of a specified sum for constructing a building, payable upon its completion, full performance is a condition prece*276dent to a recovery thereon, and without proof of such performance, or of acceptance of the building or appropriation of the work done under the contract, equivalent to a partial…
2Cases cited6 opinions
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
- Von Dorn v. MengedohtNebraska Supreme Court · 1894
- Wells v. Board of EducationMichigan Supreme Court · 1889
- Charlton v. ScovilleNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Lindenmann v. KopczynskiWisconsin Supreme Court · 1913
- Bayfield County v. OgrenWisconsin Supreme Court · 1920