Cook v. McCabe
Wisconsin Supreme Court
APPEAL .from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justiee Cassoday: “ This is an action to recover for services rendered and materials furnished by the firm of Cook, Brown & Co., composed of the plaintiffs, for the-defendant, John MoGabe, in the erection and construction of a dwelling-house under a special written contract entered into between them July 11,1878. By the terms of the contract, as near as we can gather from the loose and…
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APPEAL .from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justiee Cassoday: “ This is an action to recover for services rendered and materials furnished by the firm of Cook, Brown & Co., composed of the plaintiffs, for the-defendant, John MoGabe, in the erection and construction of a dwelling-house under a special written contract entered into between them July 11,1878. By the terms of the contract, as near as we can gather from the loose and incoherent language employed, Cook, Brown & Co. agreed, in effect, to substantially build the dwelling-house in a good,…
1Opinion of the CourtCassoday, J.
Neither party offered to furnish materials, and rebuild and restore the portions of the building destroyed by the fire. On the contrary, each insisted upon the other suffering the loss. A large nunibér of cases are cited in support of the proposition ' that in case of an entire and indivisible contract for the building of a house for a specified sum, to be paid on its completion, and where the edifice is destroyed by fire during the progress of the work, the builder must bear the loss and be to the expense of repairing the damages. The principle underlying the proposition contended for, to a…
2Cases cited12 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Schwartz v. SaundersIllinois Supreme Court · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- Krause v. Brd. of Trustees of the School CrothersvilleIndiana Supreme Court · 1904
- Atlantic & Danville Railway Co. v. Delaware Construction Co.Supreme Court of Virginia · 1900
24 more not listed; retrieve them via the Exa API.