City of Wauwatosa v. Jacobus & Winding Concrete Construction Co.

All of the testimony having been adduced by the plaintiff, there is little, if any, dispute as to the facts. So many of the facts as are necessary to an understanding of the opinion will be summarized. The plaintiff is a municipal corporation. Jacobus & Winding Concrete Construction Company, hereafter called the “company,” is a Wisconsin corporation engaged in the general construction business. On or about August 3, 1928, the city and the company entered into a contract whereby the company agreed to grade and pave with re-enforced concrete Hawthorne avenue from Greenfield avenue to the west…