Whalen v. Eagle Lime Products Co.
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Racine county: E. B. Bbldeu, Circuit Judge. These are mechanics’ lien actions, the first being brought to foreclose a lieu upon a railroad track and right of way six miles iu length, running from the Chicago & Northwestern Kailway station at Dousman? Waukesha county, southward to the manufacturing plant of the Eagle Lime Products Company, a corporation, and the second to foreclose a lien upon said plant and the lands upon which…
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Appeals from judgments of the circuit court for Racine county: E. B. Bbldeu, Circuit Judge. These are mechanics’ lien actions, the first being brought to foreclose a lieu upon a railroad track and right of way six miles iu length, running from the Chicago & Northwestern Kailway station at Dousman? Waukesha county, southward to the manufacturing plant of the Eagle Lime Products Company, a corporation, and the second to foreclose a lien upon said plant and the lands upon which the buildings stand. The. first action is against the corporation alone, the second against the corporation and William…
1Opinion of the CourtWiNsnow, C. J.
We meet tbe same difficulty in these actions as in tbe action of Cointe v. Congregation of St. John, 154 Wis. 405, 143 N. W. 180. Tbe statute requiring findings of tbe ultimate facts bas not been complied witb. Tbe-plaintiff brought tbe main action to foreclose a lien upon the-railroad, alleging that be bad fully performed bis contract. At tbe close of the evidence be was allowed to amend his complaint so as to allege that he was prevented from full performance by the refusal of the defendant corporation to pay tbe plaintiff on monthly estimates as tbe contract required, and by failure to…
2Cases cited3 opinions
- Cointe v. Congregation of St. John the BaptistWisconsin Supreme Court · 1913
- Closuit v. John Arpin Lumber Co.Wisconsin Supreme Court · 1907
- Eau Claire Fuel & Supply Co. v. LaycockWisconsin Supreme Court · 1896
3Cited by5 opinions
- Keplin v. Hardware Mutual Casualty Co.Wisconsin Supreme Court · 1964
- Fire Insurance Exchange v. BastenWisconsin Supreme Court · 1996
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Miles Homes, Inc. v. StarrettWisconsin Supreme Court · 1964
- Tupitza v. TupitzaWisconsin Supreme Court · 1947