Bierbrauer v. Kuhnel

99 N.W. 1018, 122 Wis. 306, 1904 Wisc. LEXIS 151
CourtWisconsin Supreme Court
DecidedJune 10, 1904
StatusPublished
Cited by2 cases

This text of 99 N.W. 1018 (Bierbrauer v. Kuhnel) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bierbrauer v. Kuhnel, 99 N.W. 1018, 122 Wis. 306, 1904 Wisc. LEXIS 151 (Wis. 1904).

Opinion

WiNsnow, J.

This is an action to foreclose a mechanic’s lien for labor and materials furnished in drilling a well upon the defendants’ farm. The defense was that the contract was an entire contract to drill and complete a well to such a depth as would furnish twelve or fifteen feet of water and give the defendants a sufficient supply of water, and that the contract never had been fulfilled. The action was referred, and the referee found as a fact that the well never was completed according to the terms of the contract, and was of no value. [307]*307Tliese findings were confirmed by tbe court, and are based upon sufficient evidence. Such being tlie case, there is no course open to ns except to affirm the judgment of dismissal of the complaint which the court entered.

By the Court. — It is so ordered.

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Related

Ott v. Boring
121 N.W. 126 (Wisconsin Supreme Court, 1909)
Kuhnel v. Bierbrauer
99 N.W. 1135 (Wisconsin Supreme Court, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
99 N.W. 1018, 122 Wis. 306, 1904 Wisc. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bierbrauer-v-kuhnel-wis-1904.