Wisconsin Planing Mill Co. v. Schuda
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought under the statute (ch. 143, K. S.) to enforce a lien upon a building and the lot upon which it was erected for the price of certain lumber furnished by the plaintiff company and used in the erection of such building. The right of action is founded upon the proposition that the defendants the 8ehudas were the purchasers of the lumber. No attempt is here made to enforce the lien of a subcontractor.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought under the statute (ch. 143, K. S.) to enforce a lien upon a building and the lot upon which it was erected for the price of certain lumber furnished by the plaintiff company and used in the erection of such building. The right of action is founded upon the proposition that the defendants the 8ehudas were the purchasers of the lumber. No attempt is here made to enforce the lien of a subcontractor. The defendant the Joseph Sehlitz Brewing Company holds a mortgage upon such real estate, executed to it by the Selmdas, who…
1Opinion of the CourtLyon, J.
I. Upon the controlling question of fact in the case, to wit, Were the Schudas the original or principal purchasers of the lumber in question ? the testimony is in direct conflict. It does not so strongly and clearly preponderate either way as to justify this court in disturbing a finding of the learned circuit judge in that behalf, whether the same be. for the plaintiff, or the' defendants. The con*281flicting testimony being so nearly balanced, it is important that the plaintiff — the party against whom the issue was found — should have the benefit of all legal testimony which it offered to…
2Cases cited4 opinions
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Dunklee v. CraneMassachusetts Supreme Judicial Court · 1870
- Stewart v. StewartWisconsin Supreme Court · 1877
- Mead v. HeinWisconsin Supreme Court · 1871
3Cited by15 opinions
- Capocasa v. First National Bank of Stevens PointWisconsin Supreme Court · 1967
- Home Savings & Loan Ass'n v. BurtonWashington Supreme Court · 1899
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Interior Woodwork Co. v. BuhlerWisconsin Supreme Court · 1932
- Musha v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1960
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