McGrath Construction Compact v. Waupaca-Green Bay Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Ohas. M. Webb, Circuit Judge. On March 4, 1907, the plaintiff corporation and the defendant, a domestic railroad corporation, entered into a contract whereby the plaintiff undertook to construct for the defendant a railroad from Waupaca to Scandinavia.
Read the full summary
Appeal from a judgment of the circuit court for Waupaca county: Ohas. M. Webb, Circuit Judge. On March 4, 1907, the plaintiff corporation and the defendant, a domestic railroad corporation, entered into a contract whereby the plaintiff undertook to construct for the defendant a railroad from Waupaca to Scandinavia. The work was completed on January 24, 1908. The specifications for the work provided for clearing the right of way, constructing the roadbed, including excavating and grading, erecting bridges, etc., laying the ties and rails, and ballasting and surfacing the track. Any changes or…
1Opinion of the CourtSiebecker, J.
The argument is made that the court erred in holding the complaint sufficient upon defendant’s demurrer ore tenus. The claim is made that it was fatally defective in omitting to allege any waiver of the conditions precedent as to written orders and as to the presentation of bills-for extras at the end of each month, as required by the contract. Upon such a demurrer the allegations of the complaint must be liberally construed. It is alleged that the plaintiff, pursuant to the terms of the contract, completed all of the work, and that estimates and certificates, certifying full compliance with…
2Cases cited3 opinions
- Pittsburg Testing Laboratory, Ltd. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Purtell v. Chicago Forge & Bolt Co.Wisconsin Supreme Court · 1889
- Carney v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1862
3Cited by4 opinions
- S & M Rotogravure Service, Inc. v. BaerWisconsin Supreme Court · 1977
- Goebel v. National Exchangors, Inc.Wisconsin Supreme Court · 1979
- Oklahoma City v. DerrSupreme Court of Oklahoma · 1925
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915