Malbon v. Birney
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, LA CROSSE COUNTY. This was an action brought by Daniel Malbon and William H. J. Nichols, against John W. Birney, to enforce a lumberman’s lien .on the defendant’s premises, on account of lumber furnished to one Kennedy for the purpose of building a house on the premises.
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APPEAL PROM CIRCUIT COURT, LA CROSSE COUNTY. This was an action brought by Daniel Malbon and William H. J. Nichols, against John W. Birney, to enforce a lumberman’s lien .on the defendant’s premises, on account of lumber furnished to one Kennedy for the purpose of building a house on the premises. The complaint averred that Kennedy was the builder and contractor, and the lumber, $126 worth, was furnished to him and used in the building; that Birney was notified, and at the time of the notice Birney was indebted to Kennedy an amount greater than the plaintiff’s claim. The answer put the…
1Opinion of the Court
By the Court,
Cole, J.
On the trial of this cause the circuit court, among other things, instructed the jury, “ that if they believed from the evidence, that the appellant took possession of the house after Kennedy left it, and went on and *109finished it in whole or in part, and occupied it, that he would be liable to pay (if they were otherwise entitled to recover), he respondents, whatever sum the work and materials were reasonably worth, which were furnished by said Kennedy, at the time he quit the job, compared with the price which he agreed to pay by the written contract, although the…
2Cases cited1 opinion
- Taylor v. WilliamsWisconsin Supreme Court · 1858
3Cited by10 opinions
- Seeman v. BiemannWisconsin Supreme Court · 1900
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Halsey v. Waukesha Springs Sanitarium Co.Wisconsin Supreme Court · 1905
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