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DUITMAN v. LIEBELT

17 Wis.2d 543 (1962)

DUITMAN, d/b/a DUITMAN PLUMBING & HEATING, Appellant, v. LIEBELT and others, Respondents.

Supreme Court of Wisconsin.

October 30, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Ervin A. Weinke of Fond du Lac.

For the respondents there was a brief by Crowns, Crowns, Marklein & Midthun of Wisconsin Rapids, and oral argument by Morgan L. Midthun.

CURRIE, J.

The crucial question on this appeal is whether plaintiff Duitman was a principal contractor or a subcontractor at the time he furnished the materials and performed the labor which are embraced in his claim for mechanic's lien. If Duitman supplied labor and materials while a subcontractor, his claim for a lien was fatally defective for failure to give the new owners of record, defendants Fox, the notice required...

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