69 Wis. 379 | Wis. | 1887
The complaint is not objectionable for omitting to embody the plans and specifications referred to in the contract. They are presumably in the possession of the defendant; if not, they are easily obtainable in the method prescribed by law. There is no reason for making the complaint more definite and certain by stating the several names of the members of the board at the different dates mentioned, as they were necessarily known, or readily ascertainable by the city authorities. The alleged consent of the board to the assignment of the contract by Rice to Burnham is the allegation of a fact, and seems to be sufficiently definite and certain for practical purposes. No new contract is alleged, but merely the substitution of Burnham in the place of Rice to perform the old one, brought about by the action and non-action of the defendant. It is alleged, with sufficient certainty and definiteness, that all parties agreed to such substitution and assignment.
It is claimed that the complaint should be made more definite and certain by showing what changes and extra work were made necessary after the assignment, and when and by whom the several changes were made, and what extra work and materials were made necessary thereby. The members of the board were necessarily the agencies of the board which had the control of the job. An allegation as to the act of the principal includes the act of the agent. The several actions of the board being alleged, the defendant is presumed to know the several agencies by which it acted. The respective bills of particulars, with the several items therein
By the Court.— The order of the county court is affirmed.