Simonsen v. Stachlewicz
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwauJcee County. Action to foreclose a subcontractors’ lien upon the premises of the defendant Stachlewicz for lumber sold and delivered to the principal contractors and used in the erection of a building upon said premises. It was proven that there was due the plaintiffs from the principal contractors §267.23, and that due notice of the claim for a subcontractors’ lien was served upon the owner.
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APPEAL from the Circuit Court for MilwauJcee County. Action to foreclose a subcontractors’ lien upon the premises of the defendant Stachlewicz for lumber sold and delivered to the principal contractors and used in the erection of a building upon said premises. It was proven that there was due the plaintiffs from the principal contractors §267.23, and that due notice of the claim for a subcontractors’ lien was served upon the owner. It was also proven that Stachlewicz had paid the principal contractors, before notice of the subcontractor’s alleged lien, the entire contract price, except…
1Opinion of the CourtWiNslow, J.
Accepting the findings of the circuit court as settling the disputed questions of fact in this action, the simple question is presented as to whether the plaintiffs are estopped from asserting their lien upon the defendants’ premises. It is -elementary that an estoppel in pais arises only when the act or conduct relied on has induced a change of position in accordance with the real or apparent intention of the party against whom it is alleged; in other words, the act or conduct of the one party must have been acted upon by the other. Conceding that the statements of the bookkeeper or Simonsen…
2Cited by4 opinions
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