Mitchell v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. The case is stated by the court. Judgment iu the county court dismissing the complaint. contended that after tbe plaintiff failed to do tbe work upon bis contract, no further notice was required to be given by tbe commissioners before reletting. Charter, cb. 7, sec. 6, as amended by sec. 13, cb. 158, Pr.
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APPEAL from tbe County Court of Milwaukee County. The case is stated by the court. Judgment iu the county court dismissing the complaint. contended that after tbe plaintiff failed to do tbe work upon bis contract, no further notice was required to be given by tbe commissioners before reletting. Charter, cb. 7, sec. 6, as amended by sec. 13, cb. 158, Pr. Laws of 1856. 2. To tbe point that tbe plaintiff having failed to appeal from tbe decision of tbe street commissioners, their decision was conclusive upon him, counsel cited Le Roy v. Mayor &c., 20 Johns., 430 ; Starr v. Rochester, 6 Wend.,…
1Opinion of the Court
By the Court,
PAINE, J.
Work having been ordered to be done on tbe street in front of the plaintiff’s lot, which was chargeable to tbe lot, the street commissioners proceeded regularly to let tbe contract, and it was let to tbe plaintiff himself, be being tbe lowest bidder. He bid to do the grading at three cents per cubic yard. At tbe same time there were other bids put in, one at seven cents, one at fourteen and one at forty two per cubic yard. Tbe plaintiff not having entered upon tbe work under bis contract, in what tbe commissioners held to be a reasonable time, they relet tbe contract…
2Cases cited4 opinions
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Dean v. City of MadisonWisconsin Supreme Court · 1859
3Cited by10 opinions
- Fifield v. Marinette CountyWisconsin Supreme Court · 1885
- Ferguson v. HalsellTexas Supreme Court · 1877
- Woodruff v. BerrySupreme Court of Arkansas · 1882
- Sadler v. Board of County CommissionersNevada Supreme Court · 1880
- Warner v. KnoxWisconsin Supreme Court · 1880
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