Legal Opinion

Restrick Lumber Co. v. Wyrembolski

Michigan Supreme Court

Decided December 22, 1910No. Docket No. 76PublishedCited by 9 opinions

Appeal from Wayne; Murfin, J. Bill by the Restrick Lumber Company against Frank Wyrembolski, Joseph P. Kaiser, and Frank Schmidt, to enforce a mechanic’s lien. From a decree for defendants* complainant appeals.

1Opinion of the CourtHooker, J.

On April 14, 1907, Frank Wyrembolski contracted with complainant for material for a house to be erected on lots 48 and 49, Gamble’s subdivision, which he represented that he owned. His wife did not join, the contract not being in writing, we understand. He had no title or right to said premises of any kind, so far as we are advised, but on April 15th Gamble and wife conveyed lot 49 to Wyrembolski and wife, and on April 29th Gamble and wife conveyed lot 48 to them. They then held by entire-ties. Delivery of lumber began about April 15th to 18th, the exact time being in dispute. On May 2,1907,…

2Cases cited5 opinions

  1. Bauer v. LongMichigan Supreme Court · 1907
  2. Jossman v. RiceMichigan Supreme Court · 1899
  3. Holliday v. MathewsonMichigan Supreme Court · 1906
  4. Flynn v. HolmesMichigan Supreme Court · 1906
  5. Frolich v. BlackstockMichigan Supreme Court · 1909

3Cited by9 opinions

  1. Burman v. EwaldMichigan Supreme Court · 1916
  2. Skupinski v. Provident Mortgage Co.Michigan Supreme Court · 1928
  3. F. M. Sibley Lumber Co. v. LettermanMichigan Supreme Court · 1926
  4. Sewell v. Nu Markets, Inc.Michigan Supreme Court · 1958
  5. Leverenz Lumber & Building Co. v. RickelsMichigan Supreme Court · 1930

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