Quast v. Guetzkow
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Joi-iN J. Geegoey, Circuit Judge. Action to foreclose a mechanic’s lien. The judgment was for $436.47, rendered February 10, 1916. Plaintiffs performed the work and furnished the material for which they claimed a lien, in part, under a written contract, and in part under a verbal request of the proprietor.
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Appeal from a judgment of the circuit court for Milwaukee county: Joi-iN J. Geegoey, Circuit Judge. Action to foreclose a mechanic’s lien. The judgment was for $436.47, rendered February 10, 1916. Plaintiffs performed the work and furnished the material for which they claimed a lien, in part, under a written contract, and in part under a verbal request of the proprietor. The contract provided, among other things, that, in case of any disagreement relating to the plans or specifications for the building, the architect should pass upon the same and thereby bind the parties, and in case of any…
1Opinion of the CourtMaeshall, J.
The findings of fact are sustained by the evidence. No question is raised on that score. Appellant’s counsel submit for consideration these two propositions:
1. Was arbitration as to all matters in controversy under *199tbe contract a condition precedent to the right of plaintiffs to maintain an action thereon?
2. Was the architect’s certificate of completion of the building according to contract a condition precedent to plaintiffs’ right to maintain the action ?
It is a sufficient answer, in the negative, to the first proposition, that the contract did not provide that arbitration should precede an…
2Cases cited4 opinions
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- Chapman v. Rockford InsuranceWisconsin Supreme Court · 1895
3Cited by6 opinions
- City of Madison v. Frank Lloyd Wright FoundationWisconsin Supreme Court · 1963
- Collins v. RamishCalifornia Supreme Court · 1920
- Goldmann Trust v. GoldmannWisconsin Supreme Court · 1965
- J.J. Andrews, Inc. v. MidlandCourt of Appeals of Wisconsin · 1991
- French v. Lindh-Gustafson-Klopfer Co. Inc.Supreme Court of Minnesota · 1944
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