SULLIVAN BROS. v. STATE BANK OF UNION GROVE

No. 81-1248.

107 Wis.2d 641 (1982)

321 N.W.2d 545

SULLIVAN BROTHERS, INC., a Wisconsin corporation, Plaintiff-Respondent, v. STATE BANK OF UNION GROVE, a Wisconsin banking corporation, Defendant-Appellant, NIELSEN IRON WORKS, INC., Defendant-Respondent, RUUD ELECTRIC COMPANY, INC., John Weiss, d/b/a North Cape Heating Company, a Wisconsin corporation; Milwaukee Insulation, Inc.; Cudahy Roofing & Supply Company, Inc., a Wisconsin corporation; Kenosha Materials, Inc., a Wisconsin corporation; Jim Michel Building Specialties, Inc., a Wisconsin corporation; and Arkay Tile, Inc., a Wisconsin corporation, Defendants-Respondents, TEWS LIME & CEMENT COMPANY, a Wisconsin corporation; Union Grove Lumber & Fuel Company, a Wisconsin corporation; and Chris W. Ludwig, d/b/a Ludwig Plumbing & Heating, Defendants, DU MOR GENERAL CONTRACTORS, INC., a Wisconsin corporation, Intervening Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 19, 1982.


Attorney(s) appearing for the Case

For the defendant-appellant and the intervening defendant-appellant the cause was submitted on the brief of Harrison W. Nichols of Union Grove and R. Arthur Ludwig of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Edward J. Bruner, Jr. of Heft, Dye, Heft & Paulson of Racine; Dennis R. Boyle of Burlington; Robert L. Mann of Kohner, Mann & Kailas, S.C. of Milwaukee; Constantine, Christensen, Krohn & Kerscher, S.C. of Racine; Jesse A. Wesolowski of Fleming & Associates, S.C. of Milwaukee, and Harry W. Theuerkauf of Milwaukee.

Before Voss, P.J., Brown and Scott, JJ.


VOSS, P.J.

This case concerns the interpretation of sec. 779.02(1) (c), Stats., dealing with the notice that lien claimants must give to preserve their rights. At issue are three questions: (1) whether sec. 779.02 (1) (c), Stats., applies to both remodeling and new construction; (2) whether the term "usable square feet of floor space" includes such things as interior and exterior walls, stair-wells, columns and exterior...

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