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HRIBAR TRUCKING, INC. v. STATE

22 Wis.2d 431 (1964)

HRIBAR TRUCKING, INC., Plaintiff and Respondent, v. STATE and others, Defendants: Jos. D. BONNESS, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

February 4, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Edward D. Cleveland of counsel, all of Milwaukee, and oral argument by Mr. Cleveland.

For the respondent there was a brief by Weisman & Weisman of Racine, and oral argument by Jacob Weisman.

GORDON, J.

The problem presented by this case is whether one who renders services to a subcontractor on a public improvement project may assert an equitable claim against the prime contractor when the subcontractor fails to make payment in full to the one rendering the services. We must determine whether sec. 289.536, Stats., was intended to allow equitable recovery against a principal contractor upon a trust theory in favor of one who is a second-degree subcontractor...

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