Legal Opinion

Jenks v. City of Racine

Wisconsin Supreme Court

Decided October 12, 1880PublishedCited by 6 opinions

APPEAL from the Circuit Court for Hacine County. Plaintiffs constructed certain sidewalks in tbe city of Eacine under a written contract between them and the city; and they brought this action for $530.56, with interest at twenty-five per cent., alleged to be due them from the city. The case is more fully stated in the opinion. The court rendered judgment for the plaintiffs, from which the defendant appealed.

1Opinion of the CourtCole, J.

The city agreed, in consideration that the plaintiffs performed the contracts on their part, to execute and deliver to them certificates of special assessments against the property chargeable with the expense of building the sidewalks. This was the express stipulation of the contracts. Now, as we understand the various provisions of the city charter as amended, the city had the option, or right, to cause the work to be done, paying for the same at once out of the ward fund, and wait until the special taxes were paid, for reimbursement; or to execute and deliver to the contractor certificates…

2Cases cited2 opinions

  1. Finney v. City of OshkoshWisconsin Supreme Court · 1864
  2. Whalen v. City of La CrosseWisconsin Supreme Court · 1862

3Cited by6 opinions

  1. Jewell v. City of SuperiorCourt of Appeals for the Seventh Circuit · 1904
  2. Cranberry Creek Drainage District v. La VigneWisconsin Supreme Court · 1930
  3. Sheboygan County v. City of SheboyganWisconsin Supreme Court · 1882
  4. Town of Iron River v. Bayfield CountyWisconsin Supreme Court · 1900
  5. Hoyt v. FassWisconsin Supreme Court · 1885

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