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SUPERIOR PLUMBING CO. v. TEFS

27 Wis.2d 434 (1965)

SUPERIOR PLUMBING COMPANY, INC., Respondent, v. TEFS, Appellant.

Supreme Court of Wisconsin.

April 27, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Herbert A. Eggie of Milwaukee.

For the respondent there was a brief by Irving D. Gaines, attorney, and Paul E. Sicula of counsel, both of Milwaukee, and oral argument by Mr. Gaines.

BEILFUSS, J.

The owner, defendant-appellant, contends that the complaint does not state facts sufficient to state a cause of action; the subcontractor, plaintiff-respondent, asserts it states a cause of action for unjust enrichment.

The complaint does not allege an express contract between the owner and the subcontractor; nor does it make reference to the filing or prosecution of a subcontractor's lien as provided by sec. 289.02, Stats.

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