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H. & M. HEATING CO. v. ANDRAE

35 Wis.2d 1 (1967)

H. & M. HEATING COMPANY, INC., Appellant, v. ANDRAE and others, Respondents.

Supreme Court of Wisconsin.

May 9, 1967.

Attorney(s) appearing for the Case

For the appellant there ware briefs by Merten, Connell & Sisolak and James G. Sisolak, all of Milwaukee, and oral argument by James G. Sisolak.

For the respondents Andrae there was a brief by Niebler & Herro, attorneys, and Chester J. Niebler of counsel, all of Milwaukee, and oral argument by Chester J. Niebler.

HEFFERNAN, J.

Duty of subcontractor to owner.

Under the Wisconsin statutes,1 a subcontractor has a lien for his materials and labor directly on the property of the owner. He does not acquire that lien by subrogation to the lien rights of the general contract. Sec. 289.02 (5), Stats.,2 specifically provides that it shall be the duty of the contractor to protect and defend the owner against a lien...

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