Tetz v. Butterfield
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwauJcee County. The case is thus stated by Mr. Justice Taylor: “This action was brought to recover a balance alleged to be due to the plaintiff on a written contract for building a house for the defendant, and for extra work done on such house, not included in the contract, and to enforce a lien upon the building, etc., for the amount found due the plaintiff.
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APPEAL from the Circuit Court for MilwauJcee County. The case is thus stated by Mr. Justice Taylor: “This action was brought to recover a balance alleged to be due to the plaintiff on a written contract for building a house for the defendant, and for extra work done on such house, not included in the contract, and to enforce a lien upon the building, etc., for the amount found due the plaintiff. The defendant answers, admitting that the work was done under a written contract and specifications, which he makes a part of his answer, and then denies that the work was done according to the terms…
1Opinion of the CourtTaylor, J.
The material questions to be determined" upon this appeal are — first, whether, under the contract, in the absence of any proof of fraud, mistake or unfair dealing on the *246part of the architect, Davelaar, his acceptance of the work as completed in accordance with the terms of the contract would hind the defendant; and second, whether the answer sets up facts which would entitle the defendant to show that, although there had been an acceptance.of the work by the architect, such acceptance was not in good faith, but in fraud of the defendant’s rights. Upon the first question, a majority of the…
2Cases cited1 opinion
- Hudson v. McCartneyWisconsin Supreme Court · 1873
3Cited by14 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
- Coorsen v. ZiehlWisconsin Supreme Court · 1899
- Korbly v. LoomisIndiana Supreme Court · 1909
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