Bannister v. Patty's
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Appeal from an order setting aside the report of a referee. The action was brought against the testator in his life time, to recover an unpaid balance of about three thousand dollars, alleged to be due the plaintiffs on account of stone and stone work furnished by them in 1867 and 1868, for a hotel erected by the testator in the city of Pond du Lac, and known as the “ Patty House.”
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APPEAL from the Circuit Court for Bodge County. Appeal from an order setting aside the report of a referee. The action was brought against the testator in his life time, to recover an unpaid balance of about three thousand dollars, alleged to be due the plaintiffs on account of stone and stone work furnished by them in 1867 and 1868, for a hotel erected by the testator in the city of Pond du Lac, and known as the “ Patty House.” The original defendant died during the pen-dency of the action, and the suit was duly continued against the executrix and executor of his last will and testament, the…
1Opinion of the CourtLyon, J.
The provisions of the written contract between the testator and the firm of Berry, Gilbert & Co., to the effect that the former should not be required to make any payment on account of the stonework until the firm should produce to him the certificate of the superintendent of the hotel building, *225Mr. Birdsall, containing the statements specified in such contract, are valid provisions, and binding upon the plaintiffs, unless they can show some legal excuse for not producing such certificate. All of the adjudged cases agree that if the certificate be wrongfully withheld by collusion between the…
2Cases cited1 opinion
- Hudson v. McCartneyWisconsin Supreme Court · 1873
3Cited by15 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Ott v. BoringWisconsin Supreme Court · 1907
- Lackland v. EdwinSupreme Court of Missouri · 1914
- J. G. Wagner Co. v. CawkerWisconsin Supreme Court · 1902
- Lunsford & Withrow & Co. v. WrenWest Virginia Supreme Court · 1908
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