Kretschmar v. Bruss
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county:- J. C. Ludwig-, Judge. This is an action on a contract of guaranty accompanying a building contract.
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Appeal from a judgment of tbe superior court of Milwaukee county:- J. C. Ludwig-, Judge. This is an action on a contract of guaranty accompanying a building contract. In 1892 and 1893 the plaintiff, Rreisoh-mar, as owner, erected a building upon certain lots owned by him in the city of Milwaukee, costing $11,500. The defendant Gross was the contractor for the carpenter work and hardware in said building, at the price of $3,733. His contract was in writing, and the defendants Bruss and Wol-laeger, as sureties, signed the instrument of guaranty attached to the building contract, by which they…
1Opinion of the CourtWiNsnow, J.
The evidence not having been brought to this court by a bill of exceptions, the only question is whether the pleadings and findings sustain the judgment. Wille v. Bartz, 88 Wis. 424.
The findings show that both the building contract and the contract of guaranty were breached by failing to protect the plaintiff against subcontractors’ liens. The court, however, relieved the sureties from liability because alterations had been made in the plans and in the building, which increased the contract price in the sum of $467. As will be seen by reference to the statement of facts which precedes this…
2Cases cited2 opinions
- Hayden v. CookNebraska Supreme Court · 1892
- Wille v. BartzWisconsin Supreme Court · 1894
3Cited by6 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Massachusetts Bonding & Ins. Co. v. John R. Thompson Co.Court of Appeals for the Eighth Circuit · 1937
- Enterprise Hotel Co. v. BookOregon Supreme Court · 1906
- State v. Hudson Paving & Construction Co.West Virginia Supreme Court · 1922
- Morrow Transfer & Storage Co. v. Wells Bros.Court of Appeals of Georgia · 1921
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