Foeller v. Heintz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. I). Hastings, Circuit Judge. Action by an architect to recover on two contracts, one for making plans and specifications for a dwelling house and the other for superintending the construction thereof. Defendant pleaded as a defense to plaintiff’s second claim that the contract was entire and was not fully performed.
Read the full summary
Appeal from a judgment of the circuit court for Brown county: S. I). Hastings, Circuit Judge. Action by an architect to recover on two contracts, one for making plans and specifications for a dwelling house and the other for superintending the construction thereof. Defendant pleaded as a defense to plaintiff’s second claim that the contract was entire and was not fully performed. He also counterclaimed for damages in the sum of $500 because plaintiff caused material departures from the plan without any authority so to do and against his protest. The contract with the builder contained the…
1Opinion of the Court
Makshall, :T.
The finding that respondent exceeded his authority by approving of a material departure from the •plans for the building, resulting in appellant failing to get what he bargained for, cannot be disturbed. It is conceded that the structure called for, as to the front thereof, was materially varied, but insisted that there was an inconsistency between the plan therefor and the single detail •drawing, which was adaptable only to the three other sides, all four of which, from a professional standpoint, in view of the form of the building, should be in harmony, in order to be…
2Cases cited12 opinions
- Woodward v. . FullerNew York Court of Appeals · 1880
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Leeds v. LittleSupreme Court of Minnesota · 1890
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Atkinson v. Jackson Bros.Texas Commission of Appeals · 1925
- Graves v. Allert FuessTexas Supreme Court · 1912
- Shimek v. VogelNorth Dakota Supreme Court · 1960
- Wiebener v. PeoplesSupreme Court of Oklahoma · 1914
23 more not listed; retrieve them via the Exa API.