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WAGNER v. FALBE & CO.

272 Wis. 25 (1956)

WAGNER, Executrix, Appellant, vs. FALBE & COMPANY and another, Respondents.

Supreme Court of Wisconsin.

February 7, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Hackett & Steinle of Milwaukee, and oral argument by Roland J. Steinle, Jr.

For the respondents there was a brief by Wolfe, O'Leary & Kenney of Milwaukee, and oral argument by Kenneth M. Kenney.

BROWN, J.

It is not pleaded but the proof shows that on November 13, 1951, Wagner had a contract to construct the building in question for one Scheunemann. The building permit was issued November 12, 1951, and work started November 20, 1951. Appellant's brief states:

"The plaintiff's case in substance was as follows: On January 18, 1952, the date of the fire which destroyed the Scheunemann building, Mrs. Wagner phoned Mr. Schmitz at his office about 1:15 in...

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