Worden-Allen Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The plaintiff entered into a writtén contract with the Wisconsin Tunnel & Construction Company, hereinafter called the Construction Company, by the terms of which the plaintiff sold to the Construction Company all the steel necessary to carry out its contract with the city of Milwaukee for the construction of a sewer.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The plaintiff entered into a writtén contract with the Wisconsin Tunnel & Construction Company, hereinafter called the Construction Company, by the terms of which the plaintiff sold to the Construction Company all the steel necessary to carry out its contract with the city of Milwaukee for the construction of a sewer. The Construction Company did not pay the plaintiff, and the plaintiff claims a lien under the provisions of sec. 3328, -Stats. Plaintiff commenced action against the Construction…
1Opinion of the CourtRosenberry, J.
But two questions are presented by this appeal. First. Is the liability of the city of Mihvaukee governed by sec. 3328, Stats., or by ch.' 332, Laws 1878? Second. If the liability of the city is governed by sec. 3328, is the sewer in question within the terms of that statute?
Ch. 332, Laws 1878, provides:. . Any person, company or corporation, that shall furnish any supplies or materials, or that may do or perform any labor or services in the execution of any contract awarded by the board of public works of the city of Milwaukee, shall have a lien for the amount due for such supplies, . . .…
2Cases cited2 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
3Cited by6 opinions
- Gulf Oil Corp. v. PhiladelphiaSupreme Court of Pennsylvania · 1947
- Knuth v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1957
- Oxford University Press, N. Y., Inc. v. United StatesUnited States Customs Court · 1948
- Ozaukee Sand & Gravel Co. v. City of MilwaukeeWisconsin Supreme Court · 1943
- Liberty Lace & Netting Works v. United StatesUnited States Customs Court · 1945
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