W. H. Pipkorn Co. v. Tratnik
Wisconsin Supreme Court
Appeat, from a judgment of tbe circuit court for Milwaukee county: W. J. Tuiotsr, Circuit Judge. Plaintiff brought this action as a subcontractor of the defendant Granite Sidewalk Company to enforce a claim for mechanic’s lien against the defendants J oseph and Mary Trat-nitc.
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Appeat, from a judgment of tbe circuit court for Milwaukee county: W. J. Tuiotsr, Circuit Judge. Plaintiff brought this action as a subcontractor of the defendant Granite Sidewalk Company to enforce a claim for mechanic’s lien against the defendants J oseph and Mary Trat-nitc. The complaint alleged that the Granite Sidewalk Company was a principal contractor employed by the defendant Joseph Tratnik for the construction of the walls of the basement and other cement and concrete work on a certain building to be erected upon the property of the defendant Tratnik; that plaintiff as a…
1Opinion of the Court
The following opinions were filed April 13, 1915:
Barnes, J.
It is not improbable that the owner o'f the premises involved and the subcontractors are innocent of any wrong. If so, one or the other must suffer for the default -of the principal contractor, and the question is, which ? The owner could have protected himself in the first instance by dealing with a responsible party or else by requiring an ade-cúate bond. But there were also means open to the subcontractors to protect themselves.
The relation between owner, principal contractor, and subcontractor has been pretty well settled by this…
2Cases cited9 opinions
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- Siebrecht v. HoganWisconsin Supreme Court · 1898
- Halsey v. Waukesha Springs Sanitarium Co.Wisconsin Supreme Court · 1905
- Esslinger v. HuebnerWisconsin Supreme Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Parsons Construction Co. v. GiffordNebraska Supreme Court · 1935
- H. & M. HEATING CO. v. AndraeWisconsin Supreme Court · 1967
- Lewis v. MartinColorado Court of Appeals · 1971
- Marks Bros. v. GoossenWisconsin Supreme Court · 1929