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UNITED CONTRACTORS, INC. v. CANTRALL

No. 205.

42 Wis.2d 464 (1969)

167 N.W.2d 220

UNITED CONTRACTORS, INC., Respondent, v. CANTRALL, d/b/a RONALD CANTRALL CONTRACTING COMPANY, Defendant: KILIAN and wife, Appellants.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Rudolph L. Forrer of Milwaukee.

For the respondent there was a brief by Lorinczi & Weiss, attorneys, and Robert K. Steuer of counsel, all of Milwaukee, and oral argument by Mr. Steuer.

WILKIE, J.

A single issue is dispositive of this appeal. It is: Does the fact that Ronald Cantrall was the authorized agent of United Contractors, Inc., to collect money due on the Kilian contract bar United Contractors from asserting a lien on the Kilian property by reason of work and material furnished by it for the Kilian job?

There is no question that, as between the Kilians and Ronald Cantrall, Cantrall was the contractor and responsible to the Kilians...

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