McCORMICK v. KUHNLY


26 Wis.2d 193 (1965)

MCCORMICK and others, Plaintiffs and Appellants, v. KUHNLY and others, Defendants: MILLER and another, Defendants and Respondents.

Supreme Court of Wisconsin.

January 5, 1965.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Richard R. Rynders of Madison.

For the respondents there was a brief and oral argument by Max H. Klein of Middleton.

A brief amicus curiae was filed by Grootemaat, Cook & Franke, attorneys, and O. A. Grootemaat of counsel, all of Milwaukee, for the Wisconsin Retail Lumbermens Association.


GORDON, J.

In this case, we must determine whether the materialmen gave timely notice under sec. 289.02 (1), Stats., in order to qualify as lienholders against the owner of the building. Under the statute, a supplier of materials is required to give notice "within 120 days after furnishing the first labor or materials." The problem requires our applying the quoted language to the facts of the instant case.

The notice claiming a lien was given to the owners...

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