J. A. Treat Lumber Co. v. Warner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action to enforce liens for materials furnished by the plaintiffs and used in the construction of a building built for the defendants Warner and Meyer by the defendant Dean. Each of the plaintiffs had filed a several petition for a lien. The defendant Dean failed to answer.
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APPEAL from the Circuit Court for Outagamie County. Action to enforce liens for materials furnished by the plaintiffs and used in the construction of a building built for the defendants Warner and Meyer by the defendant Dean. Each of the plaintiffs had filed a several petition for a lien. The defendant Dean failed to answer. There was a special verdict in which it was found, among other things, that there was due to the plaintiff, the J. A. Treat Luniber Company, for materials furnished to the defendants, at their special instance and request and upon the faith of their joint promise to pay…
1Opinion of the CourtObtoit, J.
This case, as presented to this court, is very voluminous, and yet is very plain and simple in respect to the legal questions involved. It is, in short and substance, that the defendants Warner and Meyer entered into a contract with the defendant Dean to build and construct for them a building on a part of a city lot which belonged to them in severalty; the building to have a common hall in the center. Dean, the contractor, wished to obtain lumber for said building from the J. A. Treat Lumber Company, and brick from the plaintiff Carter. After the plaintiff, the lumber company, had furnished…
2Cited by3 opinions
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- C. B. Carter Lumber Co. v. Simpson & HuffmanTexas Supreme Court · 1892
- Northwestern Loan & Investment Ass'n v. McPhersonIndiana Court of Appeals · 1899