Legal Opinion

Tomlinson v. Ashland County

Wisconsin Supreme Court

Decided November 4, 1919PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Ashland county: G. N. Risjord, Circuit Judge. On February 10, 1914, the county board of defendant by due resolution appointed a building committee and authorized the issue of bonds for the erection of a courthouse in the city of Ashland.

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Appeal from a judgment of the circuit court for Ashland county: G. N. Risjord, Circuit Judge. On February 10, 1914, the county board of defendant by due resolution appointed a building committee and authorized the issue of bonds for the erection of a courthouse in the city of Ashland. February 21st a contract was duly made with architects Buemming of Milwaukee, Wisconsin, and Wildhagen of Ashland, by which, among other things, the said architects were required “to furnish complete plans and specifications ... in such shape that the owner may advertise for bids thereon for the erection of said…

1Opinion of the Court

The following opinion was filed June 25, 1919:

Eschweiler, J.

Seemingly the only obstacle found by the court below to prevent the allowance to the plaintiffs of the two items for inside and outside filling, of $1,272.27 and $2,120.35 respectively, was the conclusion he came to that under the contract and under the decision of the architects to the same effect, and which he held was controlling, the plaintiffs were bound to furnish this sand and labor for these two respective items at their own cost and as a part of their contract obligations.

The contract liability of plaintiffs was bound up…

2Cases cited8 opinions

  1. Christie v. United StatesSupreme Court of the United States · 1915
  2. Aetna Indemnity, Co. v. John WatersCourt of Appeals of Maryland · 1909
  3. Ruch v. YorkSupreme Court of Pennsylvania · 1911
  4. First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
  5. Mayor of Baltimore v. M. A. Talbott & Co.Court of Appeals of Maryland · 1913

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Joint School District No. 4 v. Bailey-Marsh Co.Wisconsin Supreme Court · 1923
  2. Azcon Construction Co. v. Golden Hills Resort, Inc.South Dakota Supreme Court · 1993
  3. Elrod v. General Casualty Co. of WisconsinSouth Dakota Supreme Court · 1997
  4. Kyburz v. StateSouth Dakota Supreme Court · 1961
  5. Pat J. Murphy, Inc. v. Drummond Dolomite, Inc.District Court, E.D. Wisconsin · 1963

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