Ozaukee Sand & Gravel Co. v. City of Milwaukee

The issue brought here on this appeal is the single question of whether sub. (4) of sec. 289.53, Stats., gives the claims of respondents an advantage over the claim of the appellant.

The statute relied on by respondents provides that all money or warrants paid to or to become due to any principal contractor or subcontractor for “public improvements” shall constitute a trust fund for the benefit of materialmen and laborers for the payment of all claims on such public improvement. This statute was considered in Murphy v. National Paving Co. 229 Wis. 100, 281 N. W. 705. In reviewing the history…