Boden v. Maher
Wisconsin Supreme Court
Aupeal from a judgment of the circuit court for Milwau;kee county: D. H. JohNsoN, Circuit Judge. The action is on a contract for grading certain lots in the city of Milwaukee, to recover a balance claimed to be due to the plaintiff’s intestate for work done under the contract.
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Aupeal from a judgment of the circuit court for Milwau;kee county: D. H. JohNsoN, Circuit Judge. The action is on a contract for grading certain lots in the city of Milwaukee, to recover a balance claimed to be due to the plaintiff’s intestate for work done under the contract. The plaintiff’s intestate made a contract with the defendants whereby he agreed to “ do all excavating which said parties of the first part [the defendants] desire to have done-upon certain premises known,” etc., under direction of the., assistant city engineer and the, defendants, for an agreed price per cubic yard.…
1Opinion of the CourtNewMAN, J.
The appellants allege five several grounds of error, which they deem sufficient grounds for reversal of the judgment: (1) In overruling the demurrer ore temos; (2) in receiving in evidence the engineer’s certificate of January 16, 1893; (3) in receiving in evidence the engineer’s certificate of May 31, 1894; (4) in refusing to direct-a verdict for the defendants; and (5) in directing a verdict for the plaintiff. '
1. Payment for the work was to be made on certificates *68of the assistant city engineer. The furnishing of these certificates was a condition precedent to the right to demand or sue…
2Cases cited5 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Bentley v. DavidsonWisconsin Supreme Court · 1889
- Boorman v. Juneau CountyWisconsin Supreme Court · 1890
- Wendt v. VogelWisconsin Supreme Court · 1894
- Oakwood Retreat Ass'n v. RathborneWisconsin Supreme Court · 1886
3Cited by6 opinions
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Raisanen v. City of MilwaukeeWisconsin Supreme Court · 1967
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Coorsen v. ZiehlWisconsin Supreme Court · 1899
- Price v. RossWisconsin Supreme Court · 1969
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