Taylor v. Dall Lead & Zinc Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Eay-ette county: G-eoege Clementsoe, Circuit Judge. Action to foreclose subcontractors’ lien.
Read the full summary
Appeal from a judgment of the circuit court for La Eay-ette county: G-eoege Clementsoe, Circuit Judge. Action to foreclose subcontractors’ lien. The defendant, a mine owner, entered into a written contract with the Platte- ■ ville Eoundiy & Machine Company to build for the former a concentrating plant, furnishing all materials, according to plans and specifications attached to the contract, for the. sum of $13,'500. The specifications covered the mill, engine house, and connected building in which, by the specifications, there were to be placed certain patented tables which, it was expected,…
1Opinion of the CourtDodge, J.
The trial court, as indicated by an opinion filed, found three reasons why the plaintiffs could not maintain a lien against the defendant’s property, although the lumber had been furnished by them as-subcontractors of a principal contractor and in exact accordance with the principal contract. Of these reasons in their order:
1. The trial court, in substance, held that, because the principal contractor did not complete its contract by the construction of buildings and appliances satisfying its guaranty of efficiency, it could itself have maintained no lien; certainly not for any amount in…
2Cases cited29 opinions
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- Williams v. LaneWisconsin Supreme Court · 1894
24 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- H. & M. HEATING CO. v. AndraeWisconsin Supreme Court · 1967
- Francis & Nygren Foundry Co. v. King Knob Coal Co.Wisconsin Supreme Court · 1910
- W. H. Pipkorn Co. v. TratnikWisconsin Supreme Court · 1915
- Fischer v. MeiroffWisconsin Supreme Court · 1927
- Usiak v. KubiakWisconsin Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.