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FULLERTON LUMBER CO. v. KORTH

37 Wis.2d 531 (1968)

FULLERTON LUMBER COMPANY, Appellant, v. KORTH and another, Respondent.

Supreme Court of Wisconsin.

January 30, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Eugene A. Bitters of Ripon.

For the respondents there was a brief by Worthing, Schneider & Mickiewicz of Fond du Lac, and oral argument by Kenneth E. Worthing.

ROBERT W. HANSEN, J.

Two questions are raised by this appeal. As set forth by the trial court judge in his decision, they are:

(1) Was the son-in-law, Adolph Weinkauf, properly an agent of Herman Korth for the purpose of being served with the notice of lien, pursuant to sec. 289.02 (1), Stats.?

(2) Was the Fullerton Lumber Company entitled to amend its complaint to conform to the proof at the close of its case and to have judgment on the basis of unjust...

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