Fond Du Lac County v. Town of Rosendale

This case requires construction of statutes relating to the right of a county and a town to contract for road repairs. Although the county and the town in this case agreed to share the cost of road repaving equally, the town later relied upon sec. 83.03(2), Stats., in claiming that, contract or no, its liability was limited to $1000. The circuit court agreed. We hold that sec. 83.03(2) does not apply here to relieve the town of responsibility; we reverse. Because factual issues remain concerning how much and for what particular work the town is obligated to pay, we remand for a trial.

As part…