Legal Opinion

Associated Wisconsin Contractors v. Lathers

Wisconsin Supreme Court

Decided April 12, 1940PublishedCited by 5 opinions

1Opinion of the CourtFairchild, J.

The gist of appellant’s argument is that this annual percentage assessment on members based on bids accepted by federal, state, or county authorities is the exaction of a tribute against public moneys; and that whether or not actual injury is shown, the mere tendency to chill competition, to. increase costs of public projects, or open the door to vicious practices, is illegal.

Is the complaint sufficient against the demurrer? An agreement limited to having a common treasury into which a certain percentage of the revenue from public contracts is to be paid falls under condemnation of the rule…

2Cases cited7 opinions

  1. Gatzow v. BueningWisconsin Supreme Court · 1900
  2. Milwaukee Masons & Builders' Ass'n v. NiezerowskiWisconsin Supreme Court · 1897
  3. Houlton v. NicholWisconsin Supreme Court · 1896
  4. Kellogg v. LarkinWisconsin Supreme Court · 1851
  5. Kentucky Association Highway Contractors v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1926

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Electrical Contractors' Ass'n v. A. S. Schulman Electric Co.Illinois Supreme Court · 1945
  2. Electrical Contractors' Ass'n v. A. S. Schulman Electric Co.Appellate Court of Illinois · 1944
  3. Wells v. Waukesha County Marine BankCourt of Appeals of Wisconsin · 1986
  4. Griffiths & Sprague Stevedoring Co. v. Waterfront Employers Ass'n of Pacific CoastCourt of Appeals for the Ninth Circuit · 1947
  5. Wells v. Waukesha County Marine BankCourt of Appeals of Wisconsin · 1986

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