Kunz v. Boll
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Mani-towoc county: Michael KlrwaN, Circuit Judge. The plaintiffs had a contract with the nominal defendant, Boll, for the construction by the latter of a certain building and payment by the plaintiffs for the completed building of $18,360, “all payments to be on certificates of said architect as the work progresses, to wit: $4,000 on completion of foundation; $3,000 on completion of first story; $3,000 on completion of second…
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Appeals from a judgment of the circuit court for Mani-towoc county: Michael KlrwaN, Circuit Judge. The plaintiffs had a contract with the nominal defendant, Boll, for the construction by the latter of a certain building and payment by the plaintiffs for the completed building of $18,360, “all payments to be on certificates of said architect as the work progresses, to wit: $4,000 on completion of foundation; $3,000 on completion of first story; $3,000 on completion of second story; $3,000 on completion of third story; $3,000 on completion of building; and balance sixty days thereafter,…
1Opinion of the CourtDodge, J.
Among the defenses interposed was that the owner and the principal contractor had modified the contract to the prejudice and consequent discharge of the sureties by paying large amounts of money thereon before the same was due according to its terms. This was supported by a showing that in the earlier stages of the work large amounts had been paid without any formal certificate of the architect, but the evidence is not so clear that they Were paid before the money was earned according to the provisions of the contract, and there might well be doubt whether they were effective to. release the…
2Cases cited4 opinions
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Stephens v. ElverWisconsin Supreme Court · 1898
- Cowdery v. HahnWisconsin Supreme Court · 1900
- Lowe v. ReddanWisconsin Supreme Court · 1904
3Cited by6 opinions
- Ramada Development Company, a Corporation v. United States Fidelity & Guaranty Company, a CorporationCourt of Appeals for the Sixth Circuit · 1980
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Webb v. FrengWisconsin Supreme Court · 1923
- Commercial Casualty Insurance v. Durham CountySupreme Court of North Carolina · 1925
- Milwaukee Building Supply Co v. Illinois Surety Co.Wisconsin Supreme Court · 1916
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