Mindeman v. Douville
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Appeal by defendant Eugene E Douville from order overruling his demurrer to the complaint. The complaint is-for the enforcement of mechanics’ liens, and alleges liability for balance of contract price upon two written contracts for different portions of defendants’ building.
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Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Appeal by defendant Eugene E Douville from order overruling his demurrer to the complaint. The complaint is-for the enforcement of mechanics’ liens, and alleges liability for balance of contract price upon two written contracts for different portions of defendants’ building. The contracts are not set out in full, but the portion of the complaint-which leads to the demurrer is the following: “ That the plaintiff has fully performed all the conditions-precedent of said contract on his part to be done and…
1Opinion of the Court
Dod&e, J.
That the architect’s certificate of completion is an essential prerequisite to recovery by the builder, if his contract so provides, is most firmly settled in, this state (Hudson v. McCartney, 33 Wis. 331; Boden v. Maher, 95 Wis. 65; McAlpine v. Trustees of St. Clara F. Academy, 101 Wis. 468; John Pritzlaff H. Co. v. Berghoefer, 103 Wis. 359, 364; Coorsen v. Ziehl, 103 Wis. 381; Consolidated W. P. Co. v. Nash, 109 Wis. 490); but that there may be excuses for the nonperformance of that prerequisite is equally well established by several of the cases above cited. Such excuse may arise…
2Cases cited11 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- McDonald v. Patterson & Co.Illinois Supreme Court · 1900
- Wendt v. VogelWisconsin Supreme Court · 1894
- Coorsen v. ZiehlWisconsin Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Blecick v. School District No. 18 of Cochise CountyCourt of Appeals of Arizona · 1965
- Halsey v. Waukesha Springs Sanitarium Co.Wisconsin Supreme Court · 1905
- Price v. RossWisconsin Supreme Court · 1969
- Shine v. Hagemeister Realty Co.Wisconsin Supreme Court · 1919