Davis v. La Crosse Hospital Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. Action to enforce a mechanic’s and materialman’s lien for a balance of $660 alleged to be due on contract, and for the value of some extra work done and material furnished. Facts were alleged entitling plaintiffs to the relief prayed for.
Read the full summary
Appeal from a judgment of the circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. Action to enforce a mechanic’s and materialman’s lien for a balance of $660 alleged to be due on contract, and for the value of some extra work done and material furnished. Facts were alleged entitling plaintiffs to the relief prayed for. The answer admitted that there was an unpaid balance of $660, but denied all the allegations upon which the liability for extra work was predicated, and alleged that the contract expressly provided that no addition to the work therein specified should be made a…
1Opinion of the CourtMaeshall, J.
Whether the judgment should be affirmed Qr not depends upon the solution of three plain propositions: First, did the stipulation in the contract, to deliver the building free of all claims, liens, and charges, preclude respondents from filing a lien to enforce payment of any sum they might be compelled to recover of appellant by action ? Sec- *583and, was tlie court warranted in holding that the provision of the contract'as to forfeiture of claims for extra work was waived? Third, was the court warranted in ignoring the architect’s certificate as regards whether the building could reasonably have…
2Cases cited20 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- Welsbach Elec v. Mastec N. AmNew York Court of Appeals · 2006
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Southern Surety Co. v. Metropolitan Sewerage CommissionWisconsin Supreme Court · 1923
- Faust v. Ladysmith-Hawkins School SystemsWisconsin Supreme Court · 1979
34 more not listed; retrieve them via the Exa API.