Kilvington v. City of Superior
Wisconsin Supreme Court
APPEAL from the Circuit; Court for Douglas County. This action was brought upon a contract made between one McCann and the village of Superior, organized under ch. 40, K. S., and acts amendatory thereof, for the erection of a crematory according to the Kilvington patent for the destruction of garbage, dead animals, etc.
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APPEAL from the Circuit; Court for Douglas County. This action was brought upon a contract made between one McCann and the village of Superior, organized under ch. 40, K. S., and acts amendatory thereof, for the erection of a crematory according to the Kilvington patent for the destruction of garbage, dead animals, etc. The work was let to the lowest bidder, but prior thereto Kilvvngton, the owner of the patent for building the crematory, appeared before the village board while in session, and agreed he would allow it and its legal successor the use of his patent and improvements as long as…
1Opinion of the CourtPinney, J.
The village of Superior was a public corporation created for purposes of local civil government. All its powers “not specifically given some other officer” were vested in its village board. The contract, for a breach of which this action is brought against the city of Superior, the successor in interest and liability of the village, was entered into by and between the board of trustees of the village of Superior and McCann, the assignor of the plaintiff, for the construction, at a designated place, of a furnace known as the “Eagle Garbage Cremating Furnace,” with Kilvington improvements and…
2Cases cited14 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Mills v. CharletonWisconsin Supreme Court · 1872
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
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3Cited by30 opinions
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Consumers Co. v. City of ChicagoIllinois Supreme Court · 1924
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- Smiley v. MacDonaldNebraska Supreme Court · 1894
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