City of Madison v. American Sanitary Engineering Co.
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Dane county: Robert G. Siebeckeb, Circuit Judge. This is an action at law to recover $25,000 for breach of á bond given to the plaintiff by the defendant engineering company as principal and the defendant fidelity and guaranty company as surety to secure the performance of a contract made by the engineering company with the plaintiff by wbieb the engineering company agreed to construct and install a sewage purification plant…
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Appeals from a judgment of tbe circuit court for Dane county: Robert G. Siebeckeb, Circuit Judge. This is an action at law to recover $25,000 for breach of á bond given to the plaintiff by the defendant engineering company as principal and the defendant fidelity and guaranty company as surety to secure the performance of a contract made by the engineering company with the plaintiff by wbieb the engineering company agreed to construct and install a sewage purification plant for the use of the city and guarantee’ certain results. The complaint alleged the making of the contract and bond; also…
1Opinion of the CourtWinslow, J.
The first serious question debated by the parties is whether the sum named in the bond in suit is a penalty, or whether it is liquidated damages. The plaintiff claims that it must be treated as liquidated damages, while the defendants maintain that it is strictly a penalty, and that although substantial breaches may have been shown the plaintiff cannot recover, because it has not shown the amount of damages resulting from such breaches.
It is well understood that the words “penal sum” in that part of a contract or bond providing for the consequences of a breach thereof are ordinarily to be…
2Cases cited14 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Hamilton v. Menominee Falls Quarry Co.Wisconsin Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Koenings v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1985
- Dick v. HeislerWisconsin Supreme Court · 1924
22 more not listed; retrieve them via the Exa API.