Rohn v. Cook
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. This action was brought by plaintiff to enforce, a mechanic’s lien against certain real estate for material furnished, which real estate was owned by the defendant Harriet M. Cook and one Sarah A. Holbrook, since deceased, and whose executor, H. W. Shattuck, is now one of the defendants.
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Appeal from an order of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. This action was brought by plaintiff to enforce, a mechanic’s lien against certain real estate for material furnished, which real estate was owned by the defendant Harriet M. Cook and one Sarah A. Holbrook, since deceased, and whose executor, H. W. Shattuck, is now one of the defendants. April 10, 1913, Harriet M. Cook and Sarah A. Holbrook, owners of the premises, entered into a contract with the Grand View Eealty Company, by the terms of which said eompanjr was to have possession of the premises…
1Opinion of the CourtKerwin, J.
Whether the cross-complaint states a cause of action turns upon the construction of the contract between
*302Goolc and Holbrook and tbe Realty Company, by wbicb tbe Realty Company was pnt in possession of tbe property' for forty-nine years and six months. If tbis instrument constitutes a lease by wbicb tbe conventional relation of landlord and tenant was created between tbe parties, then no lien would attach in favor of tbe cross-complainants against tbe lessors upon tbe allegations of the cross-complaint under tbe provisions of sec. 3314, Stats., wbicb provides:
“This section shall not be…
2Cases cited10 opinions
- Hart v. HartWisconsin Supreme Court · 1903
- Coorsen v. ZiehlWisconsin Supreme Court · 1899
- North v. La FleshWisconsin Supreme Court · 1889
- Bentley v. AdamsWisconsin Supreme Court · 1896
- Cook v. GoodyearWisconsin Supreme Court · 1891
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3Cited by3 opinions
- Carolina Builders Corp. v. DietzmanCourt of Appeals of Wisconsin · 2007
- Grimm v. RhoadesIndiana Court of Appeals · 1958
- Peters v. BossmanWisconsin Supreme Court · 1924