James W. Thomas Construction Co. v. City of Madison

The plaintiff-appellant, James W. Thomas Construction Co. (Thomas), a Madison general contractor, brought suit against the defendant-respondent city of Madison to enforce a lien on the city-owned Hart-meyer Ice Arena. The appeal is from a July 29, 1975 judgment sustaining a demurrer without permission to replead. The issue is whether the amended complaint states facts sufficient to constitute a cause of action.

The facts as adduced by the complaint and the documents incorporated therein are as follows.

On August 21, 1973 the city entered into a five-year agreement with Campbell Enterprises,…