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VALENTINE v. PATRICK WARREN CONSTRUCTION CO.

263 Wis. 143 (1953)

VALENTINE and others, Respondents, vs. PATRICK WARREN CONSTRUCTION COMPANY, Appellant.

Supreme Court of Wisconsin.

February 3, 1953.

Attorney(s) appearing for the Case

For the appellant there were briefs by Beggs & Lawton of Madison, and Chester R. Wellman of Chicago, Illinois, and oral argument by Mr. John A. Lawton and Mr. Wellman.

For the respondents there was a brief by Randolph R. Conners of Madison, and Kahn & Kahn of St. Louis, Missouri, and oral argument by Mr. Meyer M. Kahn and Mr. Conners.

CURRIE, J.

The crucial issue on this appeal is the right of the defendant Warren to have rescinded its subcontract with Capital which rescission was effected by Warren's registered-mail letter of July 22, 1947. This is not the ordinary case where the question of right to terminate depends upon whether there has been a material breach by the party against whom cancellation is attempted, but instead involves construction of a particular clause in the written contract...

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