Vogt v. Hecker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: Michael KiRwaet, Circuit Judge. Plaintiff orally agreed with defendant Carl Hecher to erect for him a barn of prescribed dimensions and construction, upon a foundation and out of materials to be furnished by Hecher, for the sum of $125. The foundation and materials were provided, and plaintiff proceeded with the contract so far as to have raised the harn and partly inclosed the upper story, so as to be ready…
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Appeal from a judgment of the circuit court for Manito-woc county: Michael KiRwaet, Circuit Judge. Plaintiff orally agreed with defendant Carl Hecher to erect for him a barn of prescribed dimensions and construction, upon a foundation and out of materials to be furnished by Hecher, for the sum of $125. The foundation and materials were provided, and plaintiff proceeded with the contract so far as to have raised the harn and partly inclosed the upper story, so as to be ready for the receipt of hay, when, by an extraordinarily violent storm, the structure was substantially-blown down and…
1Opinion of the CourtDodge, J.
The rule is a legal commonplace that he who contracts to perform an entire work at an entire price can recover no compensation without completion of the work, although it become unexpectedly difficult, or even impossible, without fault of the other party. Cook v. McCabe, 53 Wis. 250, 10 N. W. 507; McDonald v. Bryant, 73 Wis. 20, 26, 40 N. W. 665; Goodman v. Baerlocher, 88 Wis. 287, 291, 60 N. W. 415; Williams v. Thrall, 101 Wis. 337, 341, 76 N. W. 599; McAlpine v. St. Clara Female Academy, 101 Wis. 468, 474, 78 N. W. 173; Adams v. Nichols, 19 Pick. 275; School Dist. v. Dauchy, 25 Conn. 530;…
2Cases cited11 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Cook v. McCabeWisconsin Supreme Court · 1881
- Cleary v. SohierMassachusetts Supreme Judicial Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Halsey v. Waukesha Springs Sanitarium Co.Wisconsin Supreme Court · 1905
- Fowler v. Insurance Co. of North AmericaCourt of Appeals of Georgia · 1980
- Klas v. KuehlWisconsin Supreme Court · 1915
- Tapper v. Idaho Irrigation Co.Idaho Supreme Court · 1922