School District v. Hayne
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon Comity. Action on a bond given by defendant as principal, to secure performance on bis part of a written contract between him and the plaintiff district.
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APPEAL from the Circuit Court for Marathon Comity. Action on a bond given by defendant as principal, to secure performance on bis part of a written contract between him and the plaintiff district. By said contract, defendant undertook to furnish all the materials and build a school house for plaintiff, according to certain plans and specifications; to have the walls and roof completed, and the building enclosed, by December 1, 1873; and to fully complete the building by August 1, 1874. The contract price was $18,460; and defendant was to be paid on the first of June, 1873, seventy-five per…
1Opinion of the CourtObtoN, J.
The defendant, in his answer, sets up substantially, that by reason of the failure of the plaintiff to make the monthly payments stipulated in the contract, and the nonperformance of the contract by the plaintiff in this respect, he was unable to continue the work; and that accordingly he rescinded the contract and abandoned work under it, and thereafter the work that was done was so done without and regardless of the contract.
The jury found, as a question of fact, that the plaintiff did so fail to pay and perform, and that the defendant was thereby hindered and delayed in his work, and…
2Cases cited5 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Taft v. KesselWisconsin Supreme Court · 1862
- Bradley v. DentonWisconsin Supreme Court · 1854
- Woodle v. WhitneyWisconsin Supreme Court · 1868
- Minert v. EmerickWisconsin Supreme Court · 1858
3Cited by13 opinions
- Porter v. the Arrow Head Reservoir Co.California Supreme Court · 1893
- American Building & Loan Ass'n v. RainboltNebraska Supreme Court · 1896
- West v. BechtelMichigan Supreme Court · 1900
- Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- Walsh v. MyersWisconsin Supreme Court · 1896
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