R. Connor Co. v. Ætna Indemnity Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Plaintiff seeks to recover for materials furnished to and used by the firm of J. J. Olsen & Son in the construction of a high school building under a contract between them and the school district.
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Appeal from an order of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Plaintiff seeks to recover for materials furnished to and used by the firm of J. J. Olsen & Son in the construction of a high school building under a contract between them and the school district. The contract provided that the contractors should construct the building and provide all labor and materials needed for the due performance of the work, and that all material delivered on the premises to form part of the work should be considered the property of the district and was not to be removed without its…
1Opinion of the Court
The following opinion was filed March 31, 1908:
Stebeokeb, J.
The trial court sustained the demurrer to the complaint upon the ground that the undertaking on the bond was for the protection of the school district only, and that it contained no promise or obligation to pay any sum to any person, corporation, or class of persons “upon any account whatever,” and hence that plaintiff had no claim against the indemnity company for the price of the material it furnished to the Olsens and which was used in the construction of the schoolhouse. The authority of the school district to contract for the…
2Cases cited9 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
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3Cited by28 opinions
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- Severson v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1953
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- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- Hartford Accident & Indemnity Co. v. W. & J. Knox Net & Twine Co.Court of Appeals of Maryland · 1926
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