HERBERT v. RICHLAND CENTER


264 Wis. 8 (1953)

HERBERT and others, Respondents, vs. CITY OF RICHLAND CENTER, Appellant.

Supreme Court of Wisconsin.

May 5, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by James G. Robb, city attorney, and Brindley & Brewer of Richland Center, and oral argument by Mr. Robb and Mr. F. L. Brewer.

For the respondents there was a brief by Black & Fowell of Richland Center, and oral argument by O. D. Black.


BROWN, J.

The city's refusal to restore the bridge rests on the proposition that its duties in respect thereto are only those imposed on it by the contract by which it acquired the bridge and, that contract being void because of the interest which one of the aldermen had in it, performance of the contract obligations cannot be compelled. It is true that the complaint states that the action is brought for a judicial determination of the city's liability to make the...

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