Wiedenbeck-Dobelin Co. v. Mahoney
Wisconsin Supreme Court
Affirmed in part; reversed in part. This is an action to foreclose mechanics’ and materialmen’s liens on real estate owned by tbe Mahoney sisters and located on State street in tbe city of Madison. In tbe month of April, 1912, tbe Muskegon Construction & Engineering Company entered into a contract with Margaret E. Mahoney and Josephine 8. Mahoney for tbe erection of a building on State street in tbe city of Madison.
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Affirmed in part; reversed in part. This is an action to foreclose mechanics’ and materialmen’s liens on real estate owned by tbe Mahoney sisters and located on State street in tbe city of Madison. In tbe month of April, 1912, tbe Muskegon Construction & Engineering Company entered into a contract with Margaret E. Mahoney and Josephine 8. Mahoney for tbe erection of a building on State street in tbe city of Madison. Tbe Equitable Surety Company entered into an undertaking whereby they undertook that tbe Construction Company would faithfully perform its building contract with tbe Mahoney…
1Opinion of the CourtSiebecKeb, J.
Tbe trial court found that tbe material furnished by tbe Tawlcey-Crowley Lumber Company and used by tbe Construction Company for form boxes is not lienable because it was not incorporated into the building; that tbe boxes were removed and remain fit for use for construction of other buildings. Tbe evidence sustains this finding of fact. It is claimed by tbe owners of tbe building that tbe I/umber Company forfeited their right to any lien on their property because they knowingly included tbe material used for these form boxes in their claim for lien as material used in tbe construction of tbe…
2Cases cited4 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Springer Land Assn. v. FordSupreme Court of the United States · 1897
- Rinzel v. StumpfWisconsin Supreme Court · 1903
- North v. La FleshWisconsin Supreme Court · 1889
3Cited by10 opinions
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Muller v. S. J. Groves & Sons Co.Wisconsin Supreme Court · 1931
- City Lumber & Supply Co. v. FisherWisconsin Supreme Court · 1950
- Findorff v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1933
- Bellamy's Inc. v. Genoa National Bank (In re Borden)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2007
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