Gross v. Eiden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action to enforce a laborer’s lien upon shingles. The case is sufficiently stated in the opinion. Prom a judgment in favor of the defendant Miden, the plaintiff appealed.
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APPEAL from the Circuit Court for Portage County. Action to enforce a laborer’s lien upon shingles. The case is sufficiently stated in the opinion. Prom a judgment in favor of the defendant Miden, the plaintiff appealed. Tie contended, inter alia, that, as between these parties, McCormick must be regarded as having been Eiden’s agent for the manufacture of the shingles, within the meaning of sec. 3341, R. S. Paine v. Gill, 13 Wis., 561; Pattis v. Hamlin, 22 id., 669; Bablca v. Eldred, 47 id., 189. He was in the use and occupation of Eidenls mill for the purpose of working Eiden’s timber up…
1Opinion of the CourtCole, C. J.
This action was commenced in a justice’s court to enforce a lien upon shingles for labor performed in "their manufacture. The shingles were owned by the defendant , Eiden, and were manufactured for him by his co-defendant, McCormick, under a special contract, at a specified price per thousand. Eiden furnished the mill and the timber out of which the shingles were manufactured. The plaintiff was employed by McCormick, who was indebted to plaintiff when the action was commenced in the sum of $45; but there was nothing due from Eiden to McCormick. On appeal, the circuit court held that the…
2Cases cited5 opinions
- Battis v. HamlinWisconsin Supreme Court · 1868
- Taylor v. MattesonWisconsin Supreme Court · 1893
- Paine v. WoodworthWisconsin Supreme Court · 1862
- Babka v. EldredWisconsin Supreme Court · 1879
- Paine v. GillWisconsin Supreme Court · 1861
3Cited by2 opinions
- Winfield Lumber Co. v. PartridgeSupreme Court of Alabama · 1918
- American Tie & Timber Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1909