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MILES HOMES, INC., v. STARRETT

23 Wis.2d 356 (1964)

MILES HOMES, INC., Appellant, v. STARRETT, Respondent.

Supreme Court of Wisconsin.

March 31, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Cletus D. Howard of Eau Claire.

For the respondent there was a brief and oral argument by Warren Winton of Shell Lake.

FAIRCHILD, J.

1. Performance of the contract. The findings of the circuit court, quoted in the statement of facts, are not against the great weight and clear preponderance of the evidence. Thus the only question is whether the court could properly conclude that the contract was not substantially performed.

The defects found by the court involved every important element of the building, its walls, doors, floor, and roof and

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