Jackson v. Cleveland
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Hacine County. The complaint in this action alleged the following facts: On the 27th of February, 1855, the defendant, who had contracted with the La Crosse and Milwaukee Railroad Company to construct a certain portion of its road, entered into a contract in writing with the plaintiffs, by which the latter agreed to construct said portion of the road for him.
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APPEAL from, the Circuit Court for Hacine County. The complaint in this action alleged the following facts: On the 27th of February, 1855, the defendant, who had contracted with the La Crosse and Milwaukee Railroad Company to construct a certain portion of its road, entered into a contract in writing with the plaintiffs, by which the latter agreed to construct said portion of the road for him. Monthly estimates were to be made by the engineer of the company, as the work progressed, and 85 per cent, of the estimates was to be paid monthly to the plaintiffs, and the remaining 15 per cent, was…
1Opinion of the Court
By the Court,
Cole, J.
If the contract set forth in the complaint is construed to be an entire, indivisible one, which the respondents must perform or show some good legal excuse for not performing it according to its terms, as a condition precedent to their recovering anything upon it, then obviously the action cannot be maintained. But if, on the contrary, it appears from the terms of the agreement, that the parties to it did not intend to make the entire performance of it a condition precedent to receiving or being entitled to a ratable recompense for the work actually done, then it can be…
2Cases cited3 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Tompkins v. ElliotNew York Supreme Court · 1830
- McLure v. RushCourt of Appeals of Kentucky · 1839
3Cited by6 opinions
- Cook v. McCabeWisconsin Supreme Court · 1881
- Welton v. DicksonNebraska Supreme Court · 1894
- Lafebre v. Board of EducationWisconsin Supreme Court · 1892
- Keller v. OberreichWisconsin Supreme Court · 1886
- Ornstein v. Yahr & Lange Drug Co.Wisconsin Supreme Court · 1903
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