Laycock v. Parker, imp.

Summary

The Wisconsin Supreme Court affirmed, with a modification, a judgment awarding building contractors the contract price plus extras less omissions in a suit to foreclose a mechanic's lien. It sustained the findings that the owner's husband acted as her agent, that the written-order and architect-certificate provisions were waived, and that acceptance of the building after inspection barred claims for defective bricklaying and plastering; it also held that adjoining owners' unpaid lateral-support claims could not be counterclaimed against the builder. Adopting the New York rule, it held that interest on the liquidable claim ran from an adequate pre-suit demand rather than only from the commencement of suit. Because mechanic's lien proceedings are wholly statutory, the court struck the personal-judgment decretal language and affirmed the judgment as so modified.