Edward E. Gillen Co. v. John H. Parker Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Walter Sctiinz, Circuit Judge. The defendant, a New York corporation, was the general contractor for the removing of buildings then standing and the construction of a two-story and basement building in the city of Milwaukee, known as the Plankinton Arcade, on a site with north front on Grand avenue, extending from West Water to Second street on the west.
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Appeal from a judgment of the circuit court for Milwaukee county: Walter Sctiinz, Circuit Judge. The defendant, a New York corporation, was the general contractor for the removing of buildings then standing and the construction of a two-story and basement building in the city of Milwaukee, known as the Plankinton Arcade, on a site with north front on Grand avenue, extending from West Water to Second street on the west. The defendant let a number of subcontracts for the doing of the work, and one of such with plaintiff for the pile-driving and work incidental thereto. The general form of these…
1Opinion of the Court
The following opinion was filed March 4, 1919:
Eschweiler, J.
The material points upon which the appealing defendant challenges the rulings of the court below and its disposition of the case are substantially as follows :
First. In entering judgment for $8,275, the amount fixed by the stipulation recited above of May 25, 1917, on the grounds: (a) that such amount, by the terms of the stipulation referred to, is out of this case and could form no part of thé judgment herein; and (b) that in any event it could not be allowed until and after the defendant itself had been paid its final balance due…
2Cases cited10 opinions
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Gross v. HeckertWisconsin Supreme Court · 1904
- Voigt v. Milwaukee CountyWisconsin Supreme Court · 1914
- Loehr v. DicksonWisconsin Supreme Court · 1910
- Douglas v. VorpahlWisconsin Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Continental Masonry Co. v. Verdel Construction Co.Court of Appeals of Maryland · 1977
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Lily Penn Food Stores, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1984
- Cunningham Brothers, Inc. v. City of WaterlooSupreme Court of Iowa · 1962
- Studer v. RasmussenWyoming Supreme Court · 1959
8 more not listed; retrieve them via the Exa API.