SINGLETON v. KUBIAK & SCHMITT, INC.


9 Wis.2d 472 (1960)

SINGLETON and another, Plaintiffs and Appellants, v. KUBIAK & SCHMITT, INC., Defendant and Respondent: BUCKMASTER, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

March 8, 1960.


Attorney(s) appearing for the Case

For the appellants there was a brief by Bittner & Reynolds of Green Bay, and oral argument by Robert L. Bittner.

For the respondent Kubiak & Schmitt, Inc., there was a brief by Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, and oral argument by Fred N. Trowbridge.

For the respondent Neal Buckmaster there was a brief by Cornelisen, Denissen, Farrell & Kranzush of Green Bay, and oral argument by Richard J. Farrell.


MARTIN, C. J.

Kubiak & Schmitt, Inc., is a Wisconsin corporation engaged in building and selling homes in Green Bay. Gerald Kubiak is president and general manager of the corporation. The defendant constructs and sells homes on either contract or speculation basis. In the latter case it purchases land and builds homes thereon according to its own plans and then offers them for sale. In February of 1956, the corporation had six such homes under construction, one...

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