Dullaghan v. Fitch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Columbia County. The defendants appealed from a judgment in favor of plaintiff. The case is stated in the opinion. cited Jaelcsonv. Cleveland, 19 Wis., 410; Faimee v. Budlte, 16 Pa. St., 469; Easton v. P. & 0. Canal Co., IS Ohio, 79; Hennessey v. Farrell, 4 Cush., 269; Banger v. Bailway, Co., 27 Eng. L. & E., 61; 1 Nedf. on Nailways, 407.
1Opinion of the CourtCole, J.
This action is brought by plaintiff, as assignee of one Dalton, to recover the balance claimed to be due from the defendants, on a contract for grading a portion of the road-bed of the Wisconsin Central Eailroad. The defendants were principal contractors with the company, and Dalton a subcontractor under them. The principal defense relied on was, that Dalton did not perform his contract according to its terms, but that, without any reasonable excuse, he abandoned the work, or refused to complete it. It is a conceded fact, that the defendants furnished men and teams to finish the work which…
2Cases cited1 opinion
- Jackson v. ClevelandWisconsin Supreme Court · 1865
3Cited by6 opinions
- Mortgage Associates, Inc. v. Monona Shores, Inc.Wisconsin Supreme Court · 1970
- Heatwole v. GorrellSupreme Court of Kansas · 1886
- DeGraff, Vrieling & Co. v. WickhamSupreme Court of Iowa · 1892
- Stony Creek Lumber Co. v. Fields & Co.Supreme Court of Virginia · 1903
- Schneider v. Allis-Chalmers Manufacturing Co.Wisconsin Supreme Court · 1928
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