Wright v. Hood
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Racine County. Action to foreclose a mechanic’s lien. The premises claimed to be subject to the lien were owned by the defendant Alice A. Rood,, and were occupied by her and her husband, the defendant Samuel Rood. The complaint alleges that materials were furnished and work done upon the premises in pursuance of a contract made by plaintiff with Samuel Rood as agent for his wife.
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APPEAL from tlie Circuit Court for Racine County. Action to foreclose a mechanic’s lien. The premises claimed to be subject to the lien were owned by the defendant Alice A. Rood,, and were occupied by her and her husband, the defendant Samuel Rood. The complaint alleges that materials were furnished and work done upon the premises in pursuance of a contract made by plaintiff with Samuel Rood as agent for his wife. The defendants answered separately, each denying the agency of Samuel Rood and alleging that the materials and work were contracted for by him on his own account, and not by the…
1Opinion of the CourtObtoh, J.
To determine whether the value of the materials procured by the husband, and which went into the improvement of the house belonging to the wife as her separate property, is a lien upon the house, and whether the husband procured such materials as agent and on the credit of the wife, it was very material to inquire to whom such credit was actually given, and concerning the dealings and accounts between the husband and the plaintiff in respect to the same. It was already in evidence that these materials were charged by the plaintiff in a running account against the husband, which contained…
2Cases cited1 opinion
- Lauer v. BandowWisconsin Supreme Court · 1878
3Cited by5 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Clark v. NorthWisconsin Supreme Court · 1907
- Holmes v. BronsonMichigan Supreme Court · 1880
- Scheiner v. ArnoldWisconsin Supreme Court · 1910
- Minot Plumbing & Heating Co. v. BachNorth Dakota Supreme Court · 1919