Sherry v. Madler
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Outa--•gamie county: JohN GoodlaND, Circuit Judge. This is an action to foreclose a mechanic’s lien for building a dwelling bouse.
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Appeal from a judgment of tbe circuit court for Outa--•gamie county: JohN GoodlaND, Circuit Judge. This is an action to foreclose a mechanic’s lien for building a dwelling bouse. Tbe complaint, as well as tbe petition for lien, alleged that tbe plaintiff built a dwelling bouse for tbe defendant in tbe city of Appleton between September 1, 1902, and February 13, 1903, at tbe special instance and request of tbe defendant, and furnished labor and material •therefor at tbe agreed price of $2,150, and that said labor and materials were reasonably and fairly worth said sum of $2,150, and that the…
1Opinion of the CourtWiNsnow, J.
It is admitted by appellant tbat tbe written contract for building tbe bouse was in fact executed on Sunday, but it is claimed tbat it was validated by tbe subsequent acts of tbe parties set forth in tbe statement of facts, which recognized its existence. Tbis contention is effectually answered by tbe decision in tbe case of Vinz v. Beatty, 61 Wis. 645, 21 N. W. 787, where a lease of a mill and bouse was executed on Sunday, and possession taken under it, and rent paid under its terms for a considerable time. Notwithstanding these acts of subsequent recognition, it was held tbat. they…
2Cases cited4 opinions
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Vinz v. BeattyWisconsin Supreme Court · 1884
- Schmidt v. ThomasWisconsin Supreme Court · 1890
- Moritz v. LarsenWisconsin Supreme Court · 1888
3Cited by14 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- M. J. Daly & Sons, Inc. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- W. G. Slugg Seed & Fertilizer, Inc. v. Paulsen Lumber, Inc.Wisconsin Supreme Court · 1974
- King v. GraefWisconsin Supreme Court · 1908
- Jacobson v. BentzlerWisconsin Supreme Court · 1906
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