Lawrence v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court of Milwcmlcee County. The facts stated in the complaint are as follows: Pursuant to ch. 322, Laws of- 1875, a contract in writing was entered into between one Samuel Martin and the defendant city, dated June 16, 1875, whereby Martin agreed to furnish the materials and do the work authorized by section 1 of that act, within sixty days; and the city agreed to pay therefor at the rate of $1.39 per square yard.1 One-third of the contract price was to…
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APPEAL from the County Court of Milwcmlcee County. The facts stated in the complaint are as follows: Pursuant to ch. 322, Laws of- 1875, a contract in writing was entered into between one Samuel Martin and the defendant city, dated June 16, 1875, whereby Martin agreed to furnish the materials and do the work authorized by section 1 of that act, within sixty days; and the city agreed to pay therefor at the rate of $1.39 per square yard.1 One-third of the contract price was to be paid in certificates against lots assessed for the improvement, and two-thirds thereof in orders on the proper ward…
1Opinion of the CourtLyoN, J.
The complaint states no cause of action quantum meruit for the materials furnished and labor performed by Martin. The value thereof is not alleged. Hence this action is upon the contract to deliver to Martin the certificates against Warner’s lots, and upon that alone. If that contract is void, or if the plaintiff is estopped by reason of the judg*309ment in Warner’s suit to assert its validity in this action, it is manifest that this action upon the contract cannot be maintained.
It is unnecessary to determine on this appeal whether the act of 1875 (and consequently the contract made under it) is…
2Cases cited3 opinions
- Slauson v. City of RacineWisconsin Supreme Court · 1861
- Lathrop v. KnappWisconsin Supreme Court · 1875
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1878
3Cited by11 opinions
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- United States Fidelity & Guaranty Co. v. HaggartCourt of Appeals for the Eighth Circuit · 1908
- Town of Flagstaff v. WalshCourt of Appeals for the Ninth Circuit · 1925
- Vukelic v. Upper Third Street Savings & Loan Ass'nWisconsin Supreme Court · 1936
- Rymarkiewicz v. United StatesUnited States Court of Claims · 1906
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