Gray v. McDonald
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This was an appeal by the defendant from a judgment in favor of the plaintiff. The case is stated in the opinion.
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APPEAL from the Circuit Court for Dane County. This was an appeal by the defendant from a judgment in favor of the plaintiff. The case is stated in the opinion. The plaintiff claims that the defendant, in consideration of the assignment to him of the contract, agreed to perform all the undertakings, and assume all the risks, liabilities and responsibilities imposed upon or assumed by Campbell, among which was the liability to pay for the “ dimension stone,” and save harmless his sureties. But this agreement was not in writing, and as the liability of Campbell to indemnify his sureties was not…
1Opinion of the Court
By the Court,
Cole, J.
There would seem to be some defect in the law if the judgment in this case could not be sustained on some well settled principle. The case presents in brief this state of facts: One Rycraft had a contract with the state for the building and enlargement of the state capitol. In consideration of a certain sum to him paid by the citizens of Madison, he assigned this contract to one James Campbell. At the time of such assignment, Campbell executed to Rycraft a bond, which was signed by the parties to this suit, with others, as sureties, conditioned to pay the obligee sixty…
2Cases cited2 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Kimball v. NoyesWisconsin Supreme Court · 1864
3Cited by4 opinions
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1866
- State v. CornwallOregon Supreme Court · 1921
- Nixv v. WiswellWisconsin Supreme Court · 1893