98 Wis. 1 | Wis. | 1897
The statute (sec. 3315, E. S.) provides: “ Every person who, as subcontractor of a principal contractor, performs any work or labor for or furnishes any materials to the principal contractor, , . . in any of the cases mep-.tioned in the preceding section, shall be entitled to the lien and remedy given by this chapter, if, within sixty days after performing such work or labor or furnishing such materials, he shall give notice in writing to the owner, or his agent, of the property to be affected by such lien, setting forth,” etc.
The pjate glass which the plaintiff furnished under its contract with Gross, the contractor, was delivered to him.
It does not appear that there. is any ground for claiming that the objections made to the two plates, as defective, were made by collusion between Trane, the owner, and Gross, the contractor, or that the settlement with and payment to Gross wrnre made collusively or with intent to defeat the plaintiff’s claim for a lien. The objection of want of timely notice of the plaintiff’s claim is decisive of his right to recover.
The judgment of the circuit court must be reversed, and the cause remanded with directions to dismiss the plaintiff’s complaint.
By the Court.— Ordered accordingly.