Halsey v. Waukesha Springs Sanitarium Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waukesha county: James J. Dick, Circuit Judge. In 1901 tbe respondent, having in process of construction and repair a building, entered into contract with tbe appellant to do and furnish tbe plumbing work and material thereon to an amount of $4,000, according to certain specifica-> tions.
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Appeal from a judgment of tbe circuit court for Waukesha county: James J. Dick, Circuit Judge. In 1901 tbe respondent, having in process of construction and repair a building, entered into contract with tbe appellant to do and furnish tbe plumbing work and material thereon to an amount of $4,000, according to certain specifica-> tions. That contract contained tbe usual clauses, naming an architect to act as agent of tbe owner, requiring tbe pei*-formance of tbe contract to bis satisfaction, t-bat be should be final arbitrator, and that tbe contract price, as also tbe price of any extras,…
1Opinion of the CourtDodge, J.
1. When complete performance of an entire contract to do work upon another’s building is prevented by the total destruction of that building, such completion is excused, and the contractor may recover pay at the contract, price for the portion of the work done. Cook v. McCabe, 53 Wis. 250, 10 N. W. 507; Vogt v. Hecker, 118 Wis. 306, 309, 95 N. W. 90. The present case falls clearly within this rule, for plaintiff was only to do work upon a building to be supplied by the owner or its employees.
2. The efficacy of an agreement that an architect’s certificate shall be a condition precedent to a…
2Cases cited27 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Cook v. McCabeWisconsin Supreme Court · 1881
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
- Haugen v. RaupachWashington Supreme Court · 1953
- Taylor v. Dall Lead & Zinc Co.Wisconsin Supreme Court · 1907
- Manningt v. Galland-Henning Pneumatic Malting Drum ManufacturingWisconsin Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.