Legal Opinion

Mundt v. Shabow

Wisconsin Supreme Court

Decided January 12, 1904PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. In January, 1900, an oral contract was made between John Meidam, tbe principal -defendant herein, and William Sha-bow, garnishee herein, for the erection of a dwelling house, complete, for the sum of $1,005, which was to include the cost of all the material and labor.

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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. In January, 1900, an oral contract was made between John Meidam, tbe principal -defendant herein, and William Sha-bow, garnishee herein, for the erection of a dwelling house, complete, for the sum of $1,005, which was to include the cost of all the material and labor. The workmen and mate-rialmen were to be paid by Shabow from time to time as the work progressed, upon the consent or order of Meidam. On the completion of the house, and after all the bills were paid, the balance, between the amounts…

1Opinion of the CourtSiebeckeR, J.

Was the garnishee, Shabow, indebted to-Meidam, the judgment debtor, or had he property in his possession or under his control belonging to Meidam, when the garnishment process was served? The facts are practically undisputed. It appears from the finding of the trial court that the garnishee defendant, Shabow, and John Meidam made an oral agreement whereby Meidam agreed to build a house for Shabow for the sum of $1,005; that this sum was to be payment in full for all matérial and labor required to complete the building; that Shabow was to pay for the labor and material as the work progressed…

2Cases cited5 opinions

  1. Foster v. SingerWisconsin Supreme Court · 1887
  2. Evans v. RectorWisconsin Supreme Court · 1900
  3. Vollmer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
  4. Bishop v. YoungWisconsin Supreme Court · 1863
  5. Smith v. DavisWisconsin Supreme Court · 1853

3Cited by4 opinions

  1. Aigeltinger Co. v. Healy-Tibbitts Construction Co.California Court of Appeal · 1913
  2. Prince Corporation v. James N. VandenbergWisconsin Supreme Court · 2016
  3. Morehouse Lumber & Building Material Co. v. WalkerLouisiana Court of Appeal · 1932
  4. Prince Corporation v. James N. VandenbergWisconsin Supreme Court · 2016

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