1. Home
  2. Browse Decisions
  3. Wis.2d
  4. 23 Wis.2d
  5. 23 Wis.2d 253 (1964)
 

FULLERTON LUMBER CO. v. KORTH

23 Wis.2d 253 (1964)

FULLERTON LUMBER COMPANY, Appellant, v. KORTH, Executrix, and others, Respondents.

Supreme Court of Wisconsin.

March 31, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Eugene A. Bitters of Ripon.

For the respondents there was a brief by Worthing & Schneider, and oral argument by John Mickiewicz, all of Fond du Lac.

BEILFUSS, J.

(1) Is a materialman's lien asserted under sec. 289.02 (1), Stats., dependent upon the existence of a contract between the prime contractor and the owner of the premises under sec. 289.01 (4)?

(2) Does a materialman asserting a lien under sec. 289.02 (1), Stats., derive his title to the cause of action "from, through or under" a deceased owner so as to bring into play the provisions of the dead-man's statute, sec. 325.16?

Defendant-executrix...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases