GUENTNER v. GNAGI


258 Wis. 383 (1951)

GUENTNER and another, Appellants, vs. GNAGI and others, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.


Attorney(s) appearing for the Case

A. L. Skolnik of Milwaukee, for the appellants.

For the respondents there was a brief by Bruce M. Blum of Monroe, attorney, and Clifford G. Mathys of Madison of counsel, and oral argument by Mr. Mathys.


FAIRCHILD, J.

The letters written by the defendants' agent, Mr. Scherer, to the plaintiffs do not sustain any finding of fact warranting the conclusion reached by the trial court that "the conduct of the defendants was not such as to estop them from complaining of the plaintiffs' delay or constitute a waiver of delay." On the contrary, there was no demand on the plaintiffs to finish the work within a specified and reasonable time by any notice of a determination to...

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