THOMSEN-ABBOTT CONSTRUCTION CO. v. WAUSAU


9 Wis.2d 225 (1960)

THOMSEN-ABBOTT CONSTRUCTION COMPANY, Appellant, v. CITY OF WAUSAU, Respondent.

Supreme Court of Wisconsin.

February 2, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by Peickert, Anderson & Fisher and John E. Shannon, Jr., attorneys, and Gerald M. O'Brien of counsel, all of Stevens Point, and oral argument by Hiram D. Anderson, Jr.

For the respondent there was a brief by Kelley & Maeder of Wausau, and oral argument by John W. Kelley.


CURRIE, J.

The controlling issue raised by this appeal is whether the clause of the contract, which provides for adjustment of the contract price on the basis of $74 per cubic yard of concrete in the event more or less concrete is required in laying the foundations than called for by the plans, covers the item of the extra cost of dewatering made necessary by lowering the footings to a depth greater than shown on the plans. Such contract clause will hereinafter be...

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