Lloyd Investment Co. v. Illinois Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: JoiiN J. Geegoey, Circuit Judge. Action to recover damages for alleged breaches of a building contract made between plaintiff and defendant Utley, September 2, 1913, whereby the latter agreed to furnish all the material and labor and construct for the former a building, according to certain plans and specifications, for the sum of $23,000, the performance of which was guaranteed by the defendant surety…
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Appeal from a judgment of tbe circuit court for Milwaukee county: JoiiN J. Geegoey, Circuit Judge. Action to recover damages for alleged breaches of a building contract made between plaintiff and defendant Utley, September 2, 1913, whereby the latter agreed to furnish all the material and labor and construct for the former a building, according to certain plans and specifications, for the sum of $23,000, the performance of which was guaranteed by the defendant surety company. The contract provided that the sum aforesaid should be paid, $2,500 in cash upon completion of the foundation, the…
1Opinion of the CourtMaeshall, J.
No complaint seems to be made but what tbe court submitted to tbe jury all material disputed matters of fact. Tbe questions raised are mainly questions of law, and are few in number. All will be treated which seem to merit consideration.
Tbe contract is ambiguous in several particulars, so tbe trial court, in reaching its conclusion, was obliged to construe the language thereof.
Did tbe contract permit tbe plaintiff to give tbe contractor tbe two promissory notes which were made payable January 1, 1914, in negotiable form? That is tbe first matter submitted. It is contended on tbe part of…
2Cases cited5 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Stephens v. ElverWisconsin Supreme Court · 1898
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Kunz v. BollWisconsin Supreme Court · 1909
- Hammond v. Sandwich Manufacturing Co.Wisconsin Supreme Court · 1911
3Cited by4 opinions
- Bridgkort Racquet Club, Inc. v. University BankCourt of Appeals of Wisconsin · 1978
- Yawkey-Crowley Lumber Co. v. SinaikoWisconsin Supreme Court · 1926
- Crouse v. . StanleySupreme Court of North Carolina · 1930
- Peters v. National Surety Co.Wisconsin Supreme Court · 1918