Esslinger v. Huebner
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Action against Frederick W. Huebner and Juliana, his wife, to enforce a lien for the price of a quantity of lime alleged to have been furnished by the plaintiff’s intestate for the erection of a brick building on premises owned by the wife as her separate estate.
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APPEAL from tbe Circuit Court for Brown County. Action against Frederick W. Huebner and Juliana, his wife, to enforce a lien for the price of a quantity of lime alleged to have been furnished by the plaintiff’s intestate for the erection of a brick building on premises owned by the wife as her separate estate. There was: some evidence tending to show that F. W. Huebner dealt in'lime.' The circuit judge instructed the jury, that if there was an understanding between the parties that the. lime was to he used in the erection of the building referred to in the pleadings, and it was furnished by…
1Opinion of the Court
Paine J.
The question of the most general interest presented by the case is, whether, where a material-man had sold materials for the erection of - a building, with the understanding that they were to be used in its erection, he would be entitled to the lien given by the statute, in case the purchaser should make some other disposition of them, and procure materials for the building elsewhere. The court below held that he would. And, as between the material-man and the owner, I think the ruling was correct. It was the plain intent of the statute to allow mate*634rial-men to furnish materials on…
2Cited by12 opinions
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Howes v. Reliance Wire-Works Co.Supreme Court of Minnesota · 1891
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- Amoco Oil Co. v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 1980
- North v. La FleshWisconsin Supreme Court · 1889
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