Milwaukee Structural Steel Co. v. Borun
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. The action was to enforce a mechanic’s lien on property in the city of Milwaukee, Wisconsin. . Plaintiff and defendants Hopp and Green were contractors and materialmen. The proprietor was defendant Goulden. Defendant Samuel Borun had a $25,000 mortgage on the property claimed to represent purchase money.
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Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. The action was to enforce a mechanic’s lien on property in the city of Milwaukee, Wisconsin. . Plaintiff and defendants Hopp and Green were contractors and materialmen. The proprietor was defendant Goulden. Defendant Samuel Borun had a $25,000 mortgage on the property claimed to represent purchase money. Defendant David J. Borun contracted to -furnish $25,000 to be used for construction purposes and had an unrecorded mortgage for that amount on the realty. In due course, the Merchants &…
1Opinion of the Court
The following opinion was filed October 24, 1916:
Marshall, J.
Counsel for all parties having announced, on the oral argument, that they would rely on the findings of fact in submitting for decision the question of whether the judgment complained of is right, we have only a very familiar principle of law to deal with, as we view the case.
The circuit judge did not expressly state, in the decision, the principle of law which was supposed to rule the case; but *506it satisfactorily appears that the principle of estoppel in pais was supposed to govern, so far as tbe conclusion was reached that the lien…
2Cases cited4 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Warren Webster & Co. v. Beaumont Hotel Co.Wisconsin Supreme Court · 1912
- Spruhen v. StoutWisconsin Supreme Court · 1881
3Cited by3 opinions
- Kellogg v. Village of ViolaWisconsin Supreme Court · 1975
- In re SchmidtDistrict Court, E.D. Wisconsin · 1962
- Trathen v. LyonWisconsin Supreme Court · 1937