Loomans Lumber Co. v. Mielke

Tbe appellant and seven others, respondents herein, all subcontractors or materialmen, began suits under sec. 3328, Stats., against tbe school district and a principal contractor. These suits were commenced on and between tbe 10th day of January, 1913, and tbe 12th day of March,. 1913. One of tbe respondents, Warning Sheet Metal Company, began a second suit on tbe same demand on tbe 2d day of September, 1914. These actions were then consolidated. Tbe principal contractor bad defaulted and tbe district bad lawfully taken over tbe contract for tbe purpose of completing it at tbe expense of tbe…