Legal Opinion

Modern Steel Structural Co. v. English Construction Co.

Wisconsin Supreme Court

Decided June 21, 1906PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. On April 16, 1901, the English Construction Company? then composed of John English and James Mair, made a contract with Lincoln county to build a county courthouse.

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Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. On April 16, 1901, the English Construction Company? then composed of John English and James Mair, made a contract with Lincoln county to build a county courthouse. The construction company, by this contract, agreed to do the work and to furnish the material for the construction of this building, except the heating, plumbing, and electric wiring, in accordance with the requirements of the plans and specifications prepared by Yan Ryn & De Gel!eke, which had been adopted by the county. As a…

1Opinion of the Court

SiebecKER, J., The contention is made that the trial court erred in holding that the reply to 'the counterclaim put in issue the amount claimed to be due defendant as damages for plaintiff’s breach of contract as subcontractor. Under the rule that pleadings should be liberally construed with a view to substantial justice between the parties, no pleading is to be condemned if the allegations of fact claimed to have been stated can be read therefrom with reasonable certainty, “though its allegations be in form uncertain, incomplete, and defective.” We think the court ruled properly in holding…

2Cases cited2 opinions

  1. Manning v. School District No. 6Wisconsin Supreme Court · 1905
  2. Stein v. McCarthyWisconsin Supreme Court · 1904

3Cited by7 opinions

  1. Waldo Bros. v. Platt Contracting Co.Massachusetts Supreme Judicial Court · 1940
  2. Long v. American Surety Co.North Dakota Supreme Court · 1912
  3. McKibbin v. PierceCourt of Appeals of Texas · 1916
  4. Arrow Sheet Metal Works, Inc. v. Bryant & Detwiler Co.Michigan Supreme Court · 1953
  5. Clarke Const. Co. v. United States ex rel. William F. Johnson Lumber Co.Court of Appeals for the Seventh Circuit · 1923

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