Schweickhart v. Stuewe
Wisconsin Supreme Court
APPEAL from the County Court of Milvxmleee County. The case is stated in the opinion. The defendant appeals from a judgment in favor of the plaintiffs.
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APPEAL from the County Court of Milvxmleee County. The case is stated in the opinion. The defendant appeals from a judgment in favor of the plaintiffs. To the point that even if the appellant by receiving and paying for some building stone furnished to him by the respondents had thereby waived all claims for damages on account of delay, this could not affect that part of the counterclaim in which damages are claimed for loss of time and expense incurred by him in being compelled to purchase elsewhere a portion of the stone which the respondents bad contracted to furnish but failed to deliver,…
1Opinion of the CourtOwroN, J.
The respondents were engaged in quarrying and dealing in building-stone. The appellant had contracted to build a county jail for Milwaukee county. The respondents agreed to deliver to the appellant, in the city of Milwaukee, “ all the building-stone needed or required by [him] in or about the erection or construction of said jail building, promptly and punctually, whenever [he] might want the same for such purpose, and without any delay on their part,” at certain agreed rates. This action is for the recovery of the balance unpaid for the delivery of said stone. The appellant answered, among…
2Cases cited11 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- M'Allister v. ReabNew York Supreme Court · 1830
- Fisk v. TankWisconsin Supreme Court · 1860
- Ward v. FellersMichigan Supreme Court · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Charley v. PotthoffWisconsin Supreme Court · 1903
- Medart Pulley Co. v. Dubuque Turbine & Roller Mill Co.Supreme Court of Iowa · 1903
- Black River Improvement Co. v. HolwayWisconsin Supreme Court · 1893
- Lukens Iron & Steel Co. v. Hartmann-Greiling Co.Wisconsin Supreme Court · 1919
- Wenger v. MartyWisconsin Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.