Earl F. De Sombre v. John Bickel

These actions were consolidated for trial and arise out of the design and construction of a dry cleaning-apartment building in the city of Sheboygan, Wisconsin. John Bickel, the appellant, entered into an agreement with Edgar Stubenrauch & Associates, Inc., for the designing and supervising of the construction of the building and also entered into a contract for its construction with Earl F. De Sombre doing business as Earls Construction Company. In Case No. 68, contractor De Sombre sued to collect $4,258.98, the final two payments on his contract. Bickel denied liability on the ground De Sombre had not fully performed and failed to complete the first floor of the building on time and to construct the building in accordance with the plans and specifications. In Case No. 69, Bickel sued the architect, alleging negligence in designing and in supervising the construction of the building. Stubenrauch denied negligence and counterclaimed for $1,100, the balance of the architects fee due under its contract.