Mallory v. La Crosse Abattoir Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. In 1889 the defendant company erected a packing house near the city of La Crosse. It contracted with the firm of Nicholas Bros., who were builders of boilers and ironwork in La Crosse, to deliver to it, free on board the cars at the works of the firm in La Crosse, a boiler, together with certain tanks,• coolers, and vats to be used in such packing house.
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APPEAL from the Circuit Court for La Crosse County. In 1889 the defendant company erected a packing house near the city of La Crosse. It contracted with the firm of Nicholas Bros., who were builders of boilers and ironwork in La Crosse, to deliver to it, free on board the cars at the works of the firm in La Crosse, a boiler, together with certain tanks,• coolers, and vats to be used in such packing house. The same were so delivered and used, and were attached to said building so as to become a part of the freehold. The company paid the firm for the articles so furnished the full contract…
1Opinion of the CourtLyon, J.
We think the testimony sustains the finding of the court to the effect that Nicholas Bros, furnished the boiler and other fixtures for the abattoir of the defendant company as a principal contractor with that company, and that the plaintiffs furnished the materials in question therefor under a subcontract with Nicholas Bros. We also think it quite immaterial that plaintiffs did not know, when they furnished such materials, that they were entitled to a lien for the unpaid price thereof upon the property of the defendant. Being subcontractors under Nicholas Bros., and having furnished the…
2Cases cited16 opinions
- Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Barbier v. ConnollySupreme Court of the United States · 1885
- State ex rel. Railroad & Warehouse Commission v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- Ulman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1890
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3Cited by25 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Clark v. HueyIndiana Court of Appeals · 1895
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Vilas v. McDonough Manufacturing Co.Wisconsin Supreme Court · 1895
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
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