Baasen v. Baehr
Wisconsin Supreme Court
APPEAL FROM MILWAÜKEE CIRCUIT COURT. This was a complaint under the code of practice, showing that the defendant Baehr, agreed to erect a brick building for the plaintiff, according to certain plans and specifications furnished by John Dillenburg, the architect, for the sum of $4,350; and to complete the same on the 1st of April, 18575 and in case of default to complete, at the time, the sum of $500 was to be deducted as liquidated damages.
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APPEAL FROM MILWAÜKEE CIRCUIT COURT. This was a complaint under the code of practice, showing that the defendant Baehr, agreed to erect a brick building for the plaintiff, according to certain plans and specifications furnished by John Dillenburg, the architect, for the sum of $4,350; and to complete the same on the 1st of April, 18575 and in case of default to complete, at the time, the sum of $500 was to be deducted as liquidated damages. The plaintiff was to pay 85 per cent, of the work as it advanced, and on the completion to pay the whole amount; also to pay for all extra work and…
1Opinion of the Court
By the Court,
Smith, J.
We think the demurrer was well taken to those portions of the answer to which it applied. The appellant, in his complaint, among other things, states in substance that he was to pay for the completion of the building, according to the specifications and contract, the sum of four thousand three hundred and fifty dollars, “ with such additions for extra work, or deductions from any change in the plans as provided in the specifications, as might be made on the estimate of the architect,” &c., and that the architect agreed upon by the parties, estimated the extra work done…
2Cases cited2 opinions
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- Smith v. BriggsNew York Supreme Court · 1846
3Cited by8 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Church v. ShanklinCalifornia Supreme Court · 1892
- Pritzlaff Hardware Co. v. BerghoeferWisconsin Supreme Court · 1899
- Board of Education v. ShawSupreme Court of Kansas · 1875
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