Legal Opinion
Amoco Oil Co. v. Capitol Indemnity Corp.
Court of Appeals of Wisconsin
Decided January 28, 1980No. 77-773PublishedCited by 14 opinions
1Opinion of the Court
SACHTJEN, W.J.
This is a contract action commenced by the plaintiff (Amoco) to recover the balance due it for 1,067.47 tons of hot asphalt delivered to the defendant-contractors for purposes of a state highway project. Only 693.4 tons were actually used on this project. The remaining asphalt was diverted to two other public projects and numerous private ones. The contract obligated Amoco to provide only up to 740 tons for the specified state highway project. The essence of this dispute is who is liable for payment of the asphalt delivered but not actually used for the project specified in the…
2Cases cited43 opinions
- Hilker v. Western Automobile InsuranceWisconsin Supreme Court · 1931
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Wyandotte Chemicals Corp. v. Royal Electric Manufacturing Company, Inc.Wisconsin Supreme Court · 1975
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Federal Deposit Insurance v. First Mortgage InvestorsWisconsin Supreme Court · 1977
38 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Afram Export Corporation, a Wisconsin Corporation v. Metallurgiki Halyps, S.A., a Foreign CorporationCourt of Appeals for the Seventh Circuit · 1985
- Wisconsin Natural Gas Co. v. Gabe's Construction Co.Court of Appeals of Wisconsin · 1998
- Waukesha Concrete Products Co. v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 1985
- Koss Corporation v. Park BankWisconsin Supreme Court · 2019
- Oostburg State Bank v. United Savings & Loan Ass'nCourt of Appeals of Wisconsin · 1985
9 more not listed; retrieve them via the Exa API.