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KELLEY LUMBER CO. v. WOELFEL

1 Wis.2d 390 (1957)

KELLEY LUMBER COMPANY, Respondent, vs. WOELFEL, Appellant.

Supreme Court of Wisconsin.

June 26, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by Potter & Smith of Racine, and oral argument by Louis D. Potter.

For the respondent there was a brief by La France, Thompson, Greenquist, Zahn & Dye of Racine, and oral argument by John F. Thompson.

FAIRCHILD, J.

The circuit court concluded that the facts alleged in the complaint include the essential elements of quasi contract as set forth in Nelson v. Preston (1952), 262 Wis. 547, 55 N.W.2d 918. These are listed (p. 550):

"(1) A benefit conferred upon the defendant by the plaintiff;

"(2) Appreciation by the defendant of the fact of such benefit;

"(3)...

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