Warner v. City of Ashland
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: W. B. Quihxaw, Circuit Judge. In June, 1907, the city of Ashland, pursuant to a petition therefor, began proceedings under suheh. XVIII, ch. 40a, Stats., to pave Seventh Avenue West from Second street to Twelfth street with asphalt.
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Appeal from a judgment of the circuit court for Ashland county: W. B. Quihxaw, Circuit Judge. In June, 1907, the city of Ashland, pursuant to a petition therefor, began proceedings under suheh. XVIII, ch. 40a, Stats., to pave Seventh Avenue West from Second street to Twelfth street with asphalt. Th,e proceedings were in all respects regular and according to law, and ended in that year on October 8th, when the city council rejected a bid from the Barber Asphalt Company of $39,217.94, which was the lowest bid received that season. On August 20, 1907, the final report of the board of public…
1Opinion of the CourtVinje, J.
That the proceedings of 1907 could he used as a basis of letting a contract in 1909 is supported both by authority and reason. In Wright v. Forrestal, 65 Wis. 341, 27 N. W. 52, a part of the improvement was let under a separate contract four years after the first contract was let. The statute gives the proper authorities the power to reject any or all bids (secs. 925 — -187, 925- — 90), and no time within which the work must be undertaken or completed is prescribed. It is a matter of common knowledge that, especially in northern cities, the paving of a street for a number of blocks is a work…
2Cases cited3 opinions
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Newton v. City of SuperiorWisconsin Supreme Court · 1911
- Hardy v. City of WaukeshaWisconsin Supreme Court · 1911