Edward E. Gillen Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Taxpayer’s action to enjoin performance of a contract of the Milwaukee sewerage commission for public work alleged to have been made contrary to law. From judgment dismissing the complaint plaintiff appeals. The sewerage commission of the city of Milwaukee is a board operating under ch. 608, Laws 1913, and acts amenda-tory thereof.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Taxpayer’s action to enjoin performance of a contract of the Milwaukee sewerage commission for public work alleged to have been made contrary to law. From judgment dismissing the complaint plaintiff appeals. The sewerage commission of the city of Milwaukee is a board operating under ch. 608, Laws 1913, and acts amenda-tory thereof. In the winter of 1919-1920 it was planning the construction of a part of the sewage disposal plant involving the building of a cofferdam, piling, and excavation. The…
1Opinion of the CourtJones, J.
As their, first assignment of error appellant’s counsel claim that the court erred in its conclusion of law to the effect that the sewerage commission, under the circumstances, had the power to relet the contract in question. Ch. 304, Laws 1917, relating to sewage disposal works in cities of the first class, which was in force -at the time in question, provides as follows;
Sec. 8. “That all work done or supplies or material purchased in carrying out the purpose of this act when involving the expenditures of one thousand dollars or more shall be by contract awarded to the lowest responsible…
2Cases cited3 opinions
- Cason v. City of LebanonIndiana Supreme Court · 1899
- Neacy v. City of MilwaukeeWisconsin Supreme Court · 1920
- Lewick v. GlazierMichigan Supreme Court · 1898
3Cited by21 opinions
- Stockton Plumbing & Supply Co. v. WheelerCalifornia Court of Appeal · 1924
- Miller v. City of MartinezCalifornia Court of Appeal · 1938
- People ex rel. Pearsall v. SperryIllinois Supreme Court · 1924
- Panozzo v. City of RockfordAppellate Court of Illinois · 1940
- Singewald v. Minneapolis Gas CompanySupreme Court of Minnesota · 1966
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