161 Wis. 311 | Wis. | 1915
Tbe appellant and seven others, respondents herein, all subcontractors or materialmen, began suits under sec. 3328, Stats., against tbe school district and a principal contractor. These suits were commenced on and between tbe 10th day of January, 1913, and tbe 12th day of March,. 1913. One of tbe respondents, Warning Sheet Metal Company, began a second suit on tbe same demand on tbe 2d day of September, 1914. These actions were then consolidated. Tbe principal contractor bad defaulted and tbe district bad lawfully taken over tbe contract for tbe purpose of completing it at tbe expense of tbe principal contractor. Under such circumstances it was not known and could not be ascertained definitely what sum, if anything, would become due tbe principal contractor. In December, 1914, tbe principal contractor and tbe school district entered into a stipulation to tbe effect that there was then due tbe principal contractor $4,000, which tbe school district paid into court, “to be paid
By the Gourt.- — -Judgment affirmed.