United States Gypsum Co. v. Gleason
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Waukesha county: M. S. G-eiswold, Judge. In 1902 and 1903 the county of Waukesha erected an asylum for the insane. The contract for the mason and brick work was awarded to- the defendant Michael Gleason. The work was duly performed and Gleason was fully paid by the county the amount of the contract and his bill for extras.
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Appeal from a judgment of tbe county court of Waukesha county: M. S. G-eiswold, Judge. In 1902 and 1903 the county of Waukesha erected an asylum for the insane. The contract for the mason and brick work was awarded to- the defendant Michael Gleason. The work was duly performed and Gleason was fully paid by the county the amount of the contract and his bill for extras. The plaintiffs severally furnished and supplied Gleason with materials which were used in the erection of the asylum. It also appeared that each furnished Gleason with materials which were used by him on other work.' By the…
1Opinion of the CourtSiebeckee, J.
The dominant question arising upon the issues and th'e facts found by the court is: Do the contract and bond, taken together, constitute an obligation whereby the plaintiffs secured the right to demand payment of the sureties for unpaid material furnished by them and used in the buildings constructed by the county? By the contract the principal contractor bound himself to pay “all claims for labor performed and materials furnished” for the portions of the buildings to be constructed by him. It Was also agreed that his contract should not be effective and binding on the parties until the…
2Cases cited20 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Devers v. HowardSupreme Court of Missouri · 1898
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
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3Cited by34 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Suciu v. AMFAC Distributing Corp.Court of Appeals of Arizona · 1983
- Builders Lumber & Supply Co. v. Chicago Bonding & Surety Co.Wisconsin Supreme Court · 1918
- Mosher Mfg. Co. v. Equitable Surety Co.Texas Commission of Appeals · 1921
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