J. G. Wagner Co. v. Cawker
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county; J. C. Ludwig, Judge. On June 16,1897, the plaintiff entered into a written contract with the defendants to furnish and set up the steel and iron to be used in the construction of a building to be erected by the defendants in the city of Milwaukee for the sum of $16,458. The work was to be done under the direction and to the satisfaction of Howland Eussell, the architect.
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Appeal from a judgment of the superior court of Milwaukee county; J. C. Ludwig, Judge. On June 16,1897, the plaintiff entered into a written contract with the defendants to furnish and set up the steel and iron to be used in the construction of a building to be erected by the defendants in the city of Milwaukee for the sum of $16,458. The work was to be done under the direction and to the satisfaction of Howland Eussell, the architect. The entire framework was to be completed by October 9, 1897, and all work for the building by November 15th following. No alterations were to be made in the…
1Opinion of the CourtBardeen, J.
One important stipulation in the written ■contract was that no alterations should be made in the work shown or described by the drawings and specifications except upon the written order of the architect. It seems to have been assumed on the trial that this stipulation was sufficiently broad to cover extra work, and was of such a character as that the architect might waive its provisions. There is no dispute but that extra work was performed, and the amount thereof was determined by the architect and included in the final certificate. It is not claimed that such work was done upon the written…
2Cases cited17 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Dodge v. McDonnellWisconsin Supreme Court · 1861
- Woodruff v. . Roch. Pitts. R.R. Co.New York Court of Appeals · 1888
- Boden v. MaherWisconsin Supreme Court · 1900
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3Cited by15 opinions
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- Southwest Engineering Co. v. Reorganized School District R-9Missouri Court of Appeals · 1968
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
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