Superior Plumbing Co. v. Tefs

The owner, defendant-appellant, contends that the complaint does not state facts sufficient to state a cause of action; the subcontractor, plaintiff-respondent, asserts it states a cause of action for unjust enrichment.

The complaint does not allege an express contract between the owner and the subcontractor; nor does it make reference to the filing or prosecution of a subcontractor’s lien as provided by sec. 289.02, Stats.

The defendant relies upon the decisions of this court in Utschig v. McClone (1962), 16 Wis. (2d) 506, 114 N. W. (2d) 854, and Limbach v. Schmalz (1932), 208 Wis. 396, 243 N.…