Kirschbon v. Bonzel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwomk.ee County. This action was brought to enforce a statutory-lien for an unpaid balance of the price and value of certain materials furnished and labor performed by the plaintiffs in the erection of a house upon a specified lot in the city of Milwaukee, owned by the defendant Catherine Bonzel, upon which lot the lien is claimed.
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APPEAL from the Circuit Court for Milwomk.ee County. This action was brought to enforce a statutory-lien for an unpaid balance of the price and value of certain materials furnished and labor performed by the plaintiffs in the erection of a house upon a specified lot in the city of Milwaukee, owned by the defendant Catherine Bonzel, upon which lot the lien is claimed. The petition for a lien and the original complaint allege that the materials were furnished and the labor done under a contract with the defendant Catherine. ’She denied the allegation, and maintains that the plaintiffs made the…
1Opinion of the CourtLton, J.
1. The written agreement for the erection of the house was executed under the respective seals of the parties signing the same. But seals are not essential to the validity of the instrument. The case is therefore within the rules laid down in Stowell v. Eldred, 39 Wis. 614, to the effect that when a person enters into a written contract in his own name, whether under seal or not, if a seal is not essential to its validity, if in fact he made the contract as the agent of another, the other contracting party may show such agency by parol, and enforce the contract against the real principal the…
2Cases cited1 opinion
- Stowell v. EldredWisconsin Supreme Court · 1876
3Cited by10 opinions
- Ballas v. Lake Weir Light & Water Co.Supreme Court of Florida · 1930
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
- Northern National Bank v. LewisWisconsin Supreme Court · 1891
- State v. DouglassSupreme Court of Iowa · 1895
- Harris v. McKaySupreme Court of Virginia · 1924
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