Shine v. Hagemeister Realty Co.
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. Action to recover a balance of $702 alleged to be due the plaintiff on a contract to install a heating plant in defendant’s new business building in Green Bay. The defenses pleaded were (1) that the work had not been fully completed and (2) that no architect’s certificate had been given to the plaintiff as required by the contract before payment was due.
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Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. Action to recover a balance of $702 alleged to be due the plaintiff on a contract to install a heating plant in defendant’s new business building in Green Bay. The defenses pleaded were (1) that the work had not been fully completed and (2) that no architect’s certificate had been given to the plaintiff as required by the contract before payment was due. Two counterclaims were also interposed claiming (1) that, by reason of failure to install the heating plant within the contract time limit, frost entered the…
1Opinion of the CourtWinslow, C. J.
As the contract in question required the issuance of the architect’s certificate before any payment was due, the complaint should have alleged either that such *347a certificate had been issued or should have set forth facts showing that the certificate, though earned, had been fraudulently or mistakenly withheld. Hudson v. McCartney, 33 Wis. 331; Mindeman v. Douville, 112 Wis. 413, 88 N. W. 299. There was no demurrer,'either written or oral, but at the opening of the trial defendant moved to dismiss the complaint and for judgment on the pleadings. This motion probably raised the question as to…
2Cases cited4 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Coorsen v. ZiehlWisconsin Supreme Court · 1899
- Andrew Lohr Bottling Co. v. FergusonIllinois Supreme Court · 1906
- Mindeman v. DouvilleWisconsin Supreme Court · 1901
3Cited by6 opinions
- Blecick v. School District No. 18 of Cochise CountyCourt of Appeals of Arizona · 1965
- Kablitz v. HoeftWisconsin Supreme Court · 1964
- Earl v. NappWisconsin Supreme Court · 1935
- OK Johnson Electric, Inc. v. HESS-MARTIN CORPORATIONSupreme Court of Kansas · 1970
- Price v. RossWisconsin Supreme Court · 1969
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