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C. R. STOCKS, INC. v. BLAKELY'S MATTERHORN, INC.

No. 78-073.

90 Wis.2d 118 (1979)

279 N.W.2d 499

C. R. STOCKS, INC., and another, Plaintiffs-Appellants, v. BLAKELY'S MATTERHORN, INC., and another, Defendants-Respondents: BROADWAY JOE'S, INC., and others, Defendants.

Court of Appeals of Wisconsin.

Decided April 30, 1979.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Garvey, Anderson, Kelly & Ryberg, S.C., of Eau Claire.

For the defendants-respondents the cause was submitted on the brief of Hibbard, Proctor & Schrage of Eau Claire.

Before Dean, P.J., Donlin, J., and Foley, J.

FOLEY, J.

Plaintiffs claim they are entitled to construction liens for improvements made for the prospective purchaser of the property. At the time the work was done, the purchaser had possession and the right to purchase the property. However, the purchaser defaulted on his purchase contract (an accepted offer to purchase) and had no interest in the property when this action was commenced.

Plaintiffs' lien claims are based on sec. 289.01(3), Stats., which...

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