Ponti v. Eckels
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha: county: James J. Dioe, Circuit Judge. Action to foreclose mechanic’s lien.
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Appeal from a judgment of the circuit court for Waukesha: county: James J. Dioe, Circuit Judge. Action to foreclose mechanic’s lien. Defendant Findley, having taken a contract to build a house for defendant Ech-éis according to certain plans and specifications, sublet a contract for the mason work and materials according to said, specifications to the plaintiffs for $3,555. The plaintiffs proceeded with the work and claimed to have completed it, and defendant Findley went on with the construction of the rest. of tbe bouse according to numerous modifications of tbe design. He paid large sums…
1Opinion of the CourtDodge, J.
The personal judgment against the defendant Echéis is so obviously unwarranted and erroneous as to be ■quite inexplicable. There is no pretense either in allegation or proof of any privity between the owner and the subcontractors, or of any promise by the former to pay the latter, from which could result personal liability.
Another error assigned in the interest of defendant Kclcels is the failure to give notice to him or his agent of a claim to subcontractors’ lien, in compliance with sec. 3315, Stats. 1898. That statute requires that within sixty days a notice be given to the owner, or his…
2Cases cited1 opinion
- Dusick v. GeeenWisconsin Supreme Court · 1903
3Cited by7 opinions
- Guldberg v. GreenfieldSupreme Court of Iowa · 1966
- Utschig v. McCloneWisconsin Supreme Court · 1962
- Lundstrom Construction Co. v. DygertSupreme Court of Minnesota · 1959
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
- Superior Plumbing Co. v. TefsWisconsin Supreme Court · 1965
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