McCormick v. Kuhnly

In this case, we must determine whether the materialmen gave timely notice under sec. 289.02 (1), Stats., in order to qualify as lienholders against the owner of the building. Under the statute, a supplier of materials is required to give notice “within 120 days after furnishing the first labor or materials.” The problem requires our applying the quoted language to the facts of the instant case.

The notice claiming a lien was given to the owners on June 7, 1963. This date is more than one hundred twenty days from the date when an original delivery of materials was made (December 17, 1962).…