Carl Miller Lumber Co. v. Elfers
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Tbe appeal is from a judgment of foreclosure of a mechanic’s lien in favor of plaintiff and against tbe defendants.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Tbe appeal is from a judgment of foreclosure of a mechanic’s lien in favor of plaintiff and against tbe defendants. Tbe plaintiff and respondent, a corporation engaged in business as lumber dealers in tbe city of Milwaukee, Wisconsin, delivered to tbe defendant Alfred Hoffmeister, a contractor, certain lumber of tbe value of $948.61. Tbe lumber was used by tbe contractor in tbe repairing and construction of a flat building and cottage on premises owned by tbe defendant Mary Elfers. Work on tbe…
1Opinion of the CourtEsci-iweiler, J.
It is contended by defendants that the notice of claim of lien by the plaintiff was insufficient under the calls of the statute to give to it a right of lien, and that in any event the writing signed by the plaintiff on July 24th, set out at length in the statement of facts, should be considered a waiver of any rights the plaintiff may have had against the real estate of the defendant Mary Elfers.
Sec. 3315, Stats. 1911, which was in effect at the time the materials were furnished by the plaintiff, provided that such materialman or subcontractor should, within sixty days after doing the work…
2Cases cited2 opinions
- Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Chandler Lumber Co. v. FehlauWisconsin Supreme Court · 1908
3Cited by2 opinions
- State v. LunzWisconsin Supreme Court · 1979
- Witkowski v. City of MenashaWisconsin Supreme Court · 1942