Owen v. Waukesha Engine & Equipment Co.

MOISE, Justice.

A question of priorities between a recorded chattel mortgage and a mechanics lien under our law as it existed prior to the adoption of the Uniform Commercial Code which became effective January 1, 1962, is here presented for decision.

Briefly stated, the undisputed facts arc that plaintiff is the assignee of duly recorded chattel mortgages on certain engines on which defendant performed labor and furnished materials at the request of the mortgagor. Defendant had performed labor and furnished materials in connection with the repair of these engines on other occasions. It now…