George M. Newhall Engineering Co. v. Daly
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: WarreN D. TabeaNt, Circuit J udge. About the 1st of July, 1900, the Pabst Brewing Company, of Milwaukee, was in treaty to erect on certain real estate belonging to it in Havana, Cuba, certain bottling and refrigerating works, and to sell the same at an agreed price, after erection, to one Reminez.
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Appeal from a judgment of the circuit court for Milwaukee county: WarreN D. TabeaNt, Circuit J udge. About the 1st of July, 1900, the Pabst Brewing Company, of Milwaukee, was in treaty to erect on certain real estate belonging to it in Havana, Cuba, certain bottling and refrigerating works, and to sell the same at an agreed price, after erection, to one Reminez. They had substantially closed a bargain with the defendant to erect said buildings and put in the necessary machinery at a price of something over $50,000, whereupon the defendant entered into a written contract with the plaintiff to…
1Opinion of the CourtDodge, J.
In the presentation of this case, counsel have discussed the rules of law governing the rights of parties upon the partial completion of an entire contract in each of three different phases: First, when the breach is committed by the plaintiff wilfully, without fault of the defendant, and without any excuse; secondly, when the failure to complete the 'contract is due to the wrongful act of the defendant, preventing the plaintiff, without default on his part, from completion ; and, thirdly, an intermediate phase, where neither party is strictly at fault, but through oversight, or by force of…
2Cases cited6 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Adams v. BurbankCalifornia Supreme Court · 1894
- Hemminger v. Western Assurance Co.Michigan Supreme Court · 1893
- Hill v. American Surety Co.Wisconsin Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rustles v. ChristensenWisconsin Supreme Court · 1932