Legal Opinion

Herbert v. City of Richland Center

Wisconsin Supreme Court

Decided May 5, 1953PublishedCited by 6 opinions

1Opinion of the CourtBrown, J.

The city’s refusal to restore the bridge rests on the proposition that its duties in respect thereto are only those imposed on it by the contract by which it acquired the bridge and, that contract being void because of the interest which one of the aldermen had in it, performance of the contract obligations cannot be compelled. It is true that the complaint states that the action is brought for a judicial determination of the city’s liability to make the bridge again “available for public use in compliance with the conditions under which the original bridge was given to said city.”

Sec. 370.01…

2Cases cited2 opinions

  1. Houfe v. Town of FultonWisconsin Supreme Court · 1874
  2. State ex rel. Wisniewski v. RossierWisconsin Supreme Court · 1931

3Cited by6 opinions

  1. Miller v. City of WauwatosaWisconsin Supreme Court · 1979
  2. Fischer v. County of ShastaCalifornia Supreme Court · 1956
  3. Ambrister v. City of NormanSupreme Court of Oklahoma · 1959
  4. Mauler v. Bayfield CountyDistrict Court, W.D. Wisconsin · 2001
  5. Banks v. StateCourt of Criminal Appeals of Oklahoma · 1955

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