Bayfield County v. Ogren
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bay-field county: G. N. Risjord, Circuit Judge. The defendant Ogren made a written contract with the plaintiff in April, 1917, to make a dirt fill for the construction of a certain public highway,1 at an agréed compensation of seventy cents per cubic yard. Defendant • Ogren agreed to commence work by April 20th and complete the work by July 15th.
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Appeal from a judgment of the circuit court for Bay-field county: G. N. Risjord, Circuit Judge. The defendant Ogren made a written contract with the plaintiff in April, 1917, to make a dirt fill for the construction of a certain public highway,1 at an agréed compensation of seventy cents per cubic yard. Defendant • Ogren agreed to commence work by April 20th and complete the work by July 15th. The defendant National Surety Company gave its bond for the faithful performance of the com tract by the defendant Ogren. It is' not necessary to set out the contract in full. The defendant Ogren agreed…
1Opinion of the Court
*172The following opinion was- filed May 4, 1920:
Rosenberry, J.
’ It is claimed on behalf of the plaintiff that the contract is an entire one, and that the defendant Ogren, being in default under his contract, may not recover for the performance pro rata. This contention cannot be sustained. Where a contract contains a provision such as is found in this contract, authorizing the owner in the event of default to take possession of the work and complete it at the expense of the contractor, the contract is by its"terms divisible and not entire. Arndt v. Keller, 96 Wis. 274, 71 N. W. 651.
The principal…
2Cases cited5 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Arndt v. KellerWisconsin Supreme Court · 1897
- Zimmermann v. JourgensenNew York Supreme Court · 1891
- Zimmermann v. JourgensenNew York Supreme Court · 1893