Keachie v. Starkweather Drainage District
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: Chester A. Fowler, Judge. The defendant is a drainage corporation, comprehending certain territory in Dane county, Wisconsin, contiguous to the.city of Madison. On or about the 16th day of November, 1911, the plaintiffs entered into a contract with the said drainage district to dig a system of drainage ditches, consisting of two main ditches and various laterals.
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Appeal from a judgment of the circuit court for Dane county: Chester A. Fowler, Judge. The defendant is a drainage corporation, comprehending certain territory in Dane county, Wisconsin, contiguous to the.city of Madison. On or about the 16th day of November, 1911, the plaintiffs entered into a contract with the said drainage district to dig a system of drainage ditches, consisting of two main ditches and various laterals. The main ditches were known as the East main and the West main. By the terms of the contract the work was to be completed by the 1st day of January, 1913. The work was not…
1Opinion of the CourtOwen, J.
The question of ranking importance is whether the court erred in reading out of the contract the provision that “In the interpretation of these specifications and the contract and upon all questions concerning the execution of the work the decision of the commissioners shall be final.” Whether this provision of the contract is valid should be met at once', because of its commanding influence on the rights of the parties hereto.
This provision differs from the ordinary provision of like tenor found in nearly every building or construction contract only in the personnel of the arbitrators or…
2Cases cited11 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Bentley v. DavidsonWisconsin Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Lower Baraboo River Drainage District v. SchirmerWisconsin Supreme Court · 1929
- Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
- Ekstrom v. StateWisconsin Supreme Court · 1969
- Milwaukee County v. H. Neidner & Co.Wisconsin Supreme Court · 1936
11 more not listed; retrieve them via the Exa API.