Wendt v. Vogel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. ■ Action by a subcontractor against his principal contractor to recover a balance due for mason work upon a building. In 1889, one Buestrin, defendant’s testator, contracted with one Ricker to erect a building in the city of Milwaukee, on Ricker’s land.
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APPEAL from the Circuit Court for Milwaukee County. ■ Action by a subcontractor against his principal contractor to recover a balance due for mason work upon a building. In 1889, one Buestrin, defendant’s testator, contracted with one Ricker to erect a building in the city of Milwaukee, on Ricker’s land. Buestrin contracted in writing with plaintiff to do the mason work on the building for the sum of $4,448. This contract is attached to the complaint, and it provides, among other things, for the payment of the plaintiff upon certified estimates of the supei’intendents, Messrs. H.. C. Koch &…
1Opinion of the CourtWinslow, J.
The complaint and proofs of the plaintiff show that the parties agreed that the work should be done to the satisfaction of the superintendents, that their decision as to the quality of work or material should be conclusive, and that payment should be made only on theii* certificates. This agreement is valid and binding, and no right of action lies in favor of the plaintiff for payments alleged to be due under the contract, without such certificates, unless it be alleged and proven that such certificates are withheld dishonestly, fraudulently, or arbitrarily, or clearly by mistake. Hudson v.…
2Cases cited2 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Bentley v. DavidsonWisconsin Supreme Court · 1889
3Cited by17 opinions
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- Thurman v. City of OmahaNebraska Supreme Court · 1902
- Keachie v. Starkweather Drainage DistrictWisconsin Supreme Court · 1919
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