WEATHER-TITE CO. v. LEPPER


25 Wis.2d 70 (1964)

WEATHER-TITE COMPANY OF MILWAUKEE, INC., Appellant, v. LEPPER, Respondent.

Supreme Court of Wisconsin.

September 29, 1964.


Attorney(s) appearing for the Case

For the appellant there was a brief by Lakes & Marcuvitz of Milwaukee, and oral argument by Alan Marcuvitz.

For the respondent there was oral argument by Maurice Wigderson of Mequon.


FAIRCHILD, J.

Sec. 289.02 (4), Stats., provides:

"The proceeds of any mortgage on land, paid to any principal contractor or any subcontractor for improvements upon the mortgaged premises and all moneys paid to him by any owner for improvements, constitute a trust fund in the hands of any such contractor or subcontractor to the amount of all claims due and to become due or owing from such contractor or subcontractor for labor and materials used for such improvements...

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