Fullerton Lumber Co. v. Korth

Beilfuss, J.(1) Is a materialman’s lien asserted under sec. 289.02 (1), Stats., dependent upon the existence of a contract between the prime contractor and the owner of the premises under sec. 289.01 (4) ?(2) Does a materialman asserting a lien under sec. 289.02 (1), Stats., derive his title to the cause of action “from, through or under” a deceased owner so as to bring into play the provisions of the dead-man’s statute, sec. 325.16?

Defendant-executrix contends that plaintiff may not avail itself of a statutory lien unless it proves an express contract between the deceased owner and the…