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HANZ TRUCKING, INC. v. HARRIS BROTHERS CO.

29 Wis.2d 254 (1965)

HANZ TRUCKING, INC., Respondent, v. HARRIS BROTHERS COMPANY, Crestline Division, Appellant.

Supreme Court of Wisconsin.

December 3, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Smith, Puchner, Tinkham & Smith of Wausau, and oral argument by Richard P. Tinkham.

For the respondent there was a brief by Crooks & Crooks of Wausau, and oral argument by Clayton J. Crooks.

BEILFUSS, J.

The issues raised are as follows:

(1) Is the minimum mileage provision of the contract ambiguous?

(2) Did retention of the check constitute an accord and satisfaction?

(3) Did the failure of plaintiff to bill on a monthly minimum basis constitute either waiver or estoppel?

(4) Has plaintiff established damages awarded by the trial court?

The trial court permitted parol testimony to be received in evidence at the...

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