Laycock v. Moon
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire •county: ~W. F. Bailey, Circuit Judge. The action is to recover $750 and interest, a balance claimed to be due to the plaintiff for doing the stone and brick work of a brick barn which the defendant built upon his premises, in the city of Eau Claire, m the summer of the year 1890; and $75.20 for the construction of a cistern. There was no defense against the smaller claim.
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Appeal from a judgment of the circuit court for Eau Claire •county: ~W. F. Bailey, Circuit Judge. The action is to recover $750 and interest, a balance claimed to be due to the plaintiff for doing the stone and brick work of a brick barn which the defendant built upon his premises, in the city of Eau Claire, m the summer of the year 1890; and $75.20 for the construction of a cistern. There was no defense against the smaller claim. The defense against the larger claim was, generally, that the work was negligently and unskilfully done; that unsuitable materials were used; that in several…
1Opinion of the CourtNewmah, J.
The plaintiff was bound, by his contract, to complete his job to the “entire satisfaction” of the defendant and his architect. The defendant and his architect were reciprocally bound to make inspection of the work and materials, as the work progressed. They had the power to accept or reject work of materials, and to require unsatisfactory work to be redone in a satisfactory manner, and unsatisfactory materials to be removed and their places supplied-with other materials, such as should be in conformity with the contract, and satisfactory. This all clearly implies that the work and materials…
2Cited by17 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
- City St. Improvement Co. v. City of MarysvilleCalifornia Supreme Court · 1909
- Schliess v. City of Grand RapidsMichigan Supreme Court · 1902
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