Francis & Nygren Foundry Co. v. King Knob Coal Co.
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Defendant King Knob Coal Company, under a verbal contract for a lease with a railway company, contracted with the-Hoisting & Conveying Machinery Company to construct and place upon certain land of the Chicago, Milwaukee & St. Paul Railway Company at Milwaukee coal-handling machinery to-the extent of about $95,000, which by the contract of lease was not to become a part of the…
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Appeals from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Defendant King Knob Coal Company, under a verbal contract for a lease with a railway company, contracted with the-Hoisting & Conveying Machinery Company to construct and place upon certain land of the Chicago, Milwaukee & St. Paul Railway Company at Milwaukee coal-handling machinery to-the extent of about $95,000, which by the contract of lease was not to become a part of the realty, but to be removable at pleasure by tbe coal company. Tbe machinery company, principal contractor, ordered a…
1Opinion of the Court
Dodge, J..The primary question is whether a subcontractor by merely delivering material to the contractor at his place of business which the latter never incorporates with the structure upon which the lien is claimed, nor even delivers to the,premises or control of the owner of that structure, can be said to have furnished that material for, in, or about the construction of the machinery in the true sense of those words as used in sec. 3315, Stats. (1898). The expressions of every decision in this state are adverse to any such conclusion. It has been asserted or assumed from the earliest days…
2Cases cited17 opinions
- Potter Manufacturing Co. v. A. B. Meyer & Co.Indiana Supreme Court · 1909
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
- Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
- McAuliffe v. JorgensonWisconsin Supreme Court · 1900
- Rinzel v. StumpfWisconsin Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Builder's Lumber Co. v. StuartWisconsin Supreme Court · 1959
- W. H. Pipkorn Co. v. TratnikWisconsin Supreme Court · 1915
- W. H. Pipkorn Co. v. TratnikWisconsin Supreme Court · 1915