Casgrain v. Milwaukee County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In March, 1881, the respondent, Casgrain, entered into a contract with the appellant county to construct waterworks at the county hospital.
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APPEAL from the Circuit Court for Milwaukee County. In March, 1881, the respondent, Casgrain, entered into a contract with the appellant county to construct waterworks at the county hospital. Said contract provided that Casgrain should “furnish all the materials and do and perform all the work to erect, complete, and finish the waterworks for Milwaukee County, . . . and do and furnish everything necessary and required to be furnished in and about the construction, erection, and completion of said water-works so to be erected, according to the plans and specifications . . . hereto attached,…
1Opinion of the CourtWiNslow, J.
It is clear that under the terms of the contract and specifications upon which the appellant has stood ; since the beginning of this litigation the county is bound to 'furnish the pipe and castings in controversy. But it is ' claimed by the county that there was a mutual mistake *117made in the contract; that the specifications which conr tained this provision had been prepared previously, with the idea of making a different contract from the one finally made; and that the ' clauses which provide for the furnishing of pipes by the county were left in the specifications by mistake, the intention…
2Cited by17 opinions
- American Drilling Service Co. v. City of SpringfieldMissouri Court of Appeals · 1981
- Elofrson v. LindsayWisconsin Supreme Court · 1895
- Haughton Elevator Co. v. C. Rallo Contracting Co.Missouri Court of Appeals · 1965
- Garage Equipment Manufacturing Co. v. DanielsonWisconsin Supreme Court · 1914
- National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Wisconsin Supreme Court · 1899
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