McAlpine v. Trustees of St. Clara Female Academy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G-. • Siebeckee, Circuit Judge. Action to recover an alleged amount due on a building contract and to enforce a builder’s lien therefor; also to recover damages for breach of contract to insure the building for the protection of the builder during its construction.
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Appeal from a judgment of the circuit court for Dane county: E. G-. • Siebeckee, Circuit Judge. Action to recover an alleged amount due on a building contract and to enforce a builder’s lien therefor; also to recover damages for breach of contract to insure the building for the protection of the builder during its construction. The contract price, with some extras, was $33,311.40, payable as the work progressed, less fifteen per cent., on estimates of the supervising architect, except $10,000, including the fifteen per cent., to be paid within fifteen days after the completion of the work…
1Opinion of the CourtMaeshall, J.
This appeal comes up without a bill of exceptions and presents only the question of whether the trial court applied the law correctly to the facts found.
The decision below is challenged on various grounds, one of which is that defendants were not entitled to the offsets, allowed for defective plastering and defective heating apparatus. As appears from the statement of facts, the building contract provided that the final certificate of the supervising architect should be conclusive between the parties as to material and quality of work, and he approved the work and certified to its full…
2Cases cited4 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Laycock v. MoonWisconsin Supreme Court · 1897
- Tetz v. ButterfieldWisconsin Supreme Court · 1882
- Pormann v. WalshWisconsin Supreme Court · 1897
3Cited by9 opinions
- Hagan Lumber Co. v. Duryea School DistrictSupreme Court of Pennsylvania · 1923
- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- Kettler Brass Manufacturing Co. v. O'NeilCourt of Appeals of Texas · 1909
- Brooke v. Laurens Milling Co.Supreme Court of South Carolina · 1907
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