Hovde v. Village of Waunakee
Court of Appeals of Wisconsin
1DissentSundby, J.
Because Hovde’s deposit is not a "customer contribution” it is not subject to the utility rule. The village is free to honor its contract.
To "contribute” is to "give something, to a common purpose.” Black's Law Dictionary 297 (5th ed. *4971979) (emphasis added). Hovde gave nothing to the village or the electric utility. His contract with the village contemplates that all of his deposit will be returned upon his performance of his contract. The contract required Hovde to make a deposit with the village to induce the village to install an underground electric distribution system. A "deposit”…
2Cases cited2 opinions
- Skelly Oil Co. v. PetersonWisconsin Supreme Court · 1950
- State Ex Rel. Federal Paving Corp. v. PrudischWisconsin Supreme Court · 1942