Hall v. Banks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This is an action to enforce liens upon certain lots in the city of Superior for the price of labor performed, and materials furnished by the plaintiffs as subcontractors in the erection of certain buildings upon said lots.
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APPEAL from the Circuit Court for Douglas County. This is an action to enforce liens upon certain lots in the city of Superior for the price of labor performed, and materials furnished by the plaintiffs as subcontractors in the erection of certain buildings upon said lots. The lots were held by the defendants W. B. and J. L. BanJcs under a contract for the purchase of the same and othdr lots of the defendant, the Land dk Rimer Imjoroveinent Company, which holds the legal title thereto. On March 28, 1889, the Banks entered into a contract with the defendant Maynard, in and by which Maynard…
1Opinion of the CourtLyon, J.
The lien laws as they existed before the enactment of ch. 333,'Laws of 1889, contained the provision that in actions by subcontractors to enforce liens upon premises and buildings “ in no case shall the owner be compelled to pay a greater sum for or on account of such house, building, or other improvement than the price or sum stipulated in the original contract or agreement,” with the proviso that if the contract price is fixed unreasonably low, with intent to defraud subcontractors, the basis of the owner’s liability shall be a fair price for the labor and material used in the building,…
2Cases cited1 opinion
- Dorestan v. KriegWisconsin Supreme Court · 1886
3Cited by6 opinions
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
- Spengler v. Stiles-Tull Lumber Co.Mississippi Supreme Court · 1909
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- Francis & Nygren Foundry Co. v. King Knob Coal Co.Wisconsin Supreme Court · 1910
- Wright v. PohlsWisconsin Supreme Court · 1892
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