Pung v. Derse
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: ObReit T. Williams,' Oircuit Judge. This is a taxpayer’s action brought to enjoin the city of Milwaukee and its school board from paying for the construction of an asbestos roof placed by the defendant Holstein upon a certain school building erected by him under contract with the city.
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Appeal from a judgment of the circuit court for Milwaukee county: ObReit T. Williams,' Oircuit Judge. This is a taxpayer’s action brought to enjoin the city of Milwaukee and its school board from paying for the construction of an asbestos roof placed by the defendant Holstein upon a certain school building erected by him under contract with the city. The plaintiff’s claim is that the contract for the construction of the asbestos roof was illegal and void because not let as required by the city charter, i. e. that plans and specifications were never filed, proposals never asked for, and the…
1Opinion of the CourtWinslow, C. J.
It is beyond dispute that the original contract with Holstein for the erection of the school building was valid. This being so, it follows that the judgment rendered here was clearly wrong because (1) the clause in the contract providing that changes might be made by the board in the materials, method of construction, etc., of the building was a usual and valid provision (Mueller v. Eau Claire Co. 108 Wis. 304, 84 N. W. 430); (2) such changes, when they are made in good faith and do not substantially change the character of the building or unreasonably increase its cost, may be legally made…
2Cases cited4 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Mueller v. Eau Claire CountyWisconsin Supreme Court · 1900
- Warden v. HartWisconsin Supreme Court · 1916
- Ebert v. Langlade CountyWisconsin Supreme Court · 1900
3Cited by3 opinions
- Thomsen-Abbott Construction Co. v. City of WausauWisconsin Supreme Court · 1960
- Flowers v. Williams-Rieves Lumber Co.Louisiana Court of Appeal · 1926
- Baumgartner v. City of MilwaukeeWisconsin Supreme Court · 1919