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TENNIES CORP. v. WAGNER IRON WORKS,

8 Wis.2d 168 (1959)

TENNIES CORPORATION, Respondent, v. WAGNER IRON WORKS, Appellant.

Supreme Court of Wisconsin.

October 6, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Morris Karon of Milwaukee.

For the respondent there was a brief by Marth & Marth of West Bend, and oral argument by William J. Marth.

DIETERICH, J.

The plaintiff, Tennies Corporation, was the general contractor for the construction of the Kewaskum high school at Kewaskum, Wisconsin. On November 22, 1955, plaintiff entered into a contract to purchase from the defendant, Wagner Iron Works, Ludman aluminum sash and porcelain panels for the Kewaskum high school for $11,850. The Ludman sash and panels were patented and were manufactured and could be supplied solely by the Ludman Corporation of North...

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