Burroughs v. Joint School District No. 2
Wisconsin Supreme Court
Appeal from a judgment1 of tbe mrcuit court for Ricbland county: Geobge ClemeetsoN, Circuit Judge. Plaintiffs entered into a written contract1 witb defendant to build a school house for the agreed price of $44,467.28, exclusive of heating, plumbing, and ventilating, as per plans and specifications accompanying the contract.
Read the full summary
Appeal from a judgment1 of tbe mrcuit court for Ricbland county: Geobge ClemeetsoN, Circuit Judge. Plaintiffs entered into a written contract1 witb defendant to build a school house for the agreed price of $44,467.28, exclusive of heating, plumbing, and ventilating, as per plans and specifications accompanying the contract. The specifications contained a provision that “once in each and every month during the progress of the work the owners shall pay to the contractor a sum equal to ninety (90 %) per cent, of the value of the work done and material furnished during the preceding month, as…
1Opinion of the CourtViNJE, J.
The whole controversy turns upon whether the word “value” in the specification quoted in the statement of facts means market value or contract value. By contract value is meant the value of the material and work furnished based upon the contract price and not upon the market value of the same, if that differs from the contract value. When a building, whose component parts are determined in detail as to form, size, and material by exact' drawings and specifications, is agreed to be constructed for a specified sum, *429each component part bas a value proportional to and based upon the contract'…
2Cases cited6 opinions
- Howard County v. BakerSupreme Court of Missouri · 1894
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
- National Surety Co. v. LongSupreme Court of Arkansas · 1908
- Kelley v. City of SyracuseNew York Supreme Court · 1894
- Hawkins v. BurrellAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schuhknecht v. RobersWisconsin Supreme Court · 1927
- City of St. Francis v. Public Service CommissionWisconsin Supreme Court · 1955
- Franklin Mutual Insurance v. Meeme Town Mutual Fire InsuranceWisconsin Supreme Court · 1975
- Kuenzi v. RadloffWisconsin Supreme Court · 1948