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ENGEL v. BINDEL

27 Wis.2d 456 (1965)

ENGEL, Plaintiff, v. BINDEL and others, Defendants: ANTCZAK and others, d/b/a ALOIS ANTCZAK & SON, Defendants and Appellants: DESCHAINE and wife, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

April 27, 1965.

Attorney(s) appearing for the Case

For the appellants there was a brief by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

For the respondents there was a brief by Stupar & Enich and Steve Enich and Reginald M. Hislop, Jr., all of Milwaukee, and oral argument by Steve Enich.

BEILFUSS, J.

The issue is: Can the impleaded defendants Deschaine be held liable to the defendants Antczak, for any liability the Antczaks may have to the plaintiff, under an implied contract to indemnify?

It is conceded that there is not an express contract between the Antczaks and the Deschaines whereby the Deschaines agreed to indemnify the Antczaks for any liability the Antczaks might sustain arising by virtue of the work done by the Antczaks for the Deschaines...

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