Goodman v. Baerlocher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. The plaintiffs in this action, which is a consolidation of five several claims or actions by the respective claimants into one, sought to enforce liens for divers sums for materials and labor furnished and performed to and for the defendants Gross & Heimer, contractors, in and about the construction and erection of a building .for the defendant Baerlocher, under a contract with her, upon lots 3 and 4 in block 3 in the fifth…
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APPEAL from the Circuit Court for Douglas County. The plaintiffs in this action, which is a consolidation of five several claims or actions by the respective claimants into one, sought to enforce liens for divers sums for materials and labor furnished and performed to and for the defendants Gross & Heimer, contractors, in and about the construction and erection of a building .for the defendant Baerlocher, under a contract with her, upon lots 3 and 4 in block 3 in the fifth division of West Superior, Wis., for the sum of $5,150, exclusive of plumbing, gas fitting, and tin work, to be completed…
1Opinion of the CourtPinney, J.
1. The original contractors, Gross & Heimer, had not performed their contract when the first building, being in an incomplete condition, was destroyed. It had not been delivered to or accepted by the owner, and was therefore at the risk of the contractors, and the destruction of the building did not excuse them from performing the contract. Dermott v. Jones, 2 Wall. 1; Adams v. Nichols, 19 Pick. 275; Tompkins v. Dudley, 25 N. Y. 272; School Trustees v. Bennett, 27 N. J. Law, 515. In Tompkins v. Dudley, supra, it was held that the owner of the lots might recover back from his contractor…
2Cases cited17 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Winslow v. UrquhartWisconsin Supreme Court · 1875
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3Cited by17 opinions
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Humboldt Lumber Mill Co. v. CrispCalifornia Supreme Court · 1905
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Boston Old Colony Insurance v. International Rectifier Corp.Wisconsin Supreme Court · 1979
- Bailey Lumber Co. v. General Construction Co.West Virginia Supreme Court · 1926
12 more not listed; retrieve them via the Exa API.