Manthey v. Stock
Wisconsin Supreme Court
A-ppv.at, from a judgment of the circuit court for Milwaukee county: ObREU T. Williams, Circuit Judge. Action to foreclose mechanic’s lieu for work in painting defendant’s house. Plaintiff entered into a contract to paint the outside of defendant’s house for $87, to do a first-class jok, including the removal of the old paint where necessary to accomplish the result.
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A-ppv.at, from a judgment of the circuit court for Milwaukee county: ObREU T. Williams, Circuit Judge. Action to foreclose mechanic’s lieu for work in painting defendant’s house. Plaintiff entered into a contract to paint the outside of defendant’s house for $87, to do a first-class jok, including the removal of the old paint where necessary to accomplish the result. Plaintiff painted the house, hut upon a considerable portion of front, especially the porch, columns, and mouldings, failed to so remove the old paint as to enable a good job, and, as a result, in a number of places there were…
1Opinion of the CourtDodge, J.
Of course the contract to paint the house was entire, and the general rule applicable that for partial performance no recovery could be had. Moritz v. Larsen, 70 Wis. 569, 36 N. W. 331; Widman v. Gay, 104 Wis. 277, 80 N. W. 450. Doubtless it fell within the class of building contracts to which is accorded a certain relaxation of the strict rule above stated, so that a contractor who, in good-*110faitb effort to perform, substantially satisfies bis agreement, may recover the value to the owner of that which is done, although it departs in slight respects from specifications, or, without fault of…
2Cases cited8 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Pritzlaff Hardware Co. v. BerghoeferWisconsin Supreme Court · 1899
- Malbon v. BirneyWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Plante v. JacobsWisconsin Supreme Court · 1960
- Thames v. ClesiCourt of Appeals of Texas · 1918
- Schultz v. AndrusWisconsin Supreme Court · 1922
- Nees v. WeaverWisconsin Supreme Court · 1936
4 more not listed; retrieve them via the Exa API.