Jungdorf v. Town of Little Rice
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. This action was brought for breach of a contract by which the plaintiff agreed to do all the work and furnish all the materials except the steel superstructure in the construction of a bridge, for which he was to receive $450. The appellant was to furnish the steel delivered at a station called Bradley, and the plaintiff to take it from there and put it in the bridge.
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Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. This action was brought for breach of a contract by which the plaintiff agreed to do all the work and furnish all the materials except the steel superstructure in the construction of a bridge, for which he was to receive $450. The appellant was to furnish the steel delivered at a station called Bradley, and the plaintiff to take it from there and put it in the bridge. The answer averred that some such contract was attempted, but that the plaintiff was required to enter into a written contract and give…
1Opinion of the CourtTimlin, J.
Quoting from the appellant’s brief: “The chairman then notified plaintiff of the defective workmanship, and because of the condition of his work and because he had not given any bond as agreed upon, told him to not go near the works any more.” It is then argued that plaintiff quit work upon this invitation and never completed the bridge, and the rebuilding of the bridge was relet to another ■in good faith, and the latter proceeded to construct it, and that plaintiff knew that this last work was being done and made no claim that he intended to resume work or to hold the town liable nor any…
2Cases cited1 opinion
- Francis H. Leggett & Co. v. West Salem Canning Co.Wisconsin Supreme Court · 1914
3Cited by6 opinions
- Power Service Corporation v. JoslinCourt of Appeals for the Ninth Circuit · 1949
- Lamoreaux v. WeismanSupreme Court of Minnesota · 1917
- Johann v. Milwaukee Electric Tool Corp.Wisconsin Supreme Court · 1955
- Krueger v. Herman Mutual InsuranceWisconsin Supreme Court · 1966
- Karrels v. KarrelsWisconsin Supreme Court · 1939
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