(Download) "Gebhardt Bros. v. Brimmel" by Supreme Court of Wisconsin " eBook PDF Kindle ePub Free
eBook details
- Title: Gebhardt Bros. v. Brimmel
- Author : Supreme Court of Wisconsin
- Release Date : January 01, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The appellant, Floyd Brimmel, has appealed from a judgment in favor of the plaintiff and respondent, Gebhardt Bros., Inc.
It appears from the record that in 1959, the defendant Brimmel, as the owner of property, entered into an agreement with one
Semrow to act as a general contractor in the construction of a home on Brimmel's property. During the course of the construction,
it became necessary to haul additional fill onto the land. It is undisputed that Semrow, the general contractor, called Gebhardt
and asked that Gebhardt Company haul fill onto the property owned by Brimmel and also onto an adjacent lot owned by Semrow.
At no time did the property owner, Brimmel, have any contact or conversation whatsoever with Gebhardt in regard to hauling
in any fill. Brimmel testified that he was advised by Semrow, the general contractor, that approximately $300 in fill would
have to be brought onto the land. He testified, however, that it was his understanding that the cost of the fill was included
in the cost of the general contract agreement. In addition, he stated that, at the time he completed his transaction with
Semrow, after the construction of the house was finished, he was assured by Semrow that all obligations were paid and the
property was free and clear of any claims whatsoever. It is apparent from the record that the plaintiff Gebhardt, the subcontractor,
initially looked to Semrow for payment under an express contract. Only after the failure to collect from Semrow, did Gebhardt
commence collection efforts against Brimmel. The first demand for payment from Brimmel was in March of 1961. The fill was
placed on the property fifteen months earlier in December of 1959. Gebhardt Bros., Inc., commenced its action against Brimmel, the property owner, on the basis that Brimmel was unjustly enriched
as a result of his failure to pay for the fill that was placed upon his property. There was no attempt to prove an express
contract between Brimmel and Gebhardt. The trial court concluded that the evidence showed that 150 loads of earth fill were
delivered to the Brimmel premises and that a reasonable cost of the fill was $4.50 a load, and since the property of Brimmel
benefited by the fill, that the plaintiff in equity should be reimbursed in the sum of $675. Judgment was entered accordingly.