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WINNEBAGO HOMES, INC., v. SHELDON

29 Wis.2d 692 (1966)

WINNEBAGO HOMES, INC., Plaintiff and Appellant, v. SHELDON and wife, Defendants: ADVANCE MORTGAGE CORPORATION, Garnishee Defendant and Respondent. WINNEBAGO HOMES, INC., Plaintiff and Appellant, v. ADVANCE MORTGAGE CORPORATION, Defendant and Respondent: SHELDON and wife, Defendants.

Supreme Court of Wisconsin.

February 1, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Camp & Camp of Wauwatosa, and oral argument by Mark M. Camp.

For the respondent there was a brief by Hersh & Magidson, attorneys, and Harry Lensky and Robert L. Hersh of counsel, all of Milwaukee, and oral argument by Arthur B. Magidson.

GORDON, J.

This appeal presents a dispute between a builder and a lender. The Sheldons, for whom the builder agreed to construct a house and to whom the lender agreed to supply funds, have not participated in the appeal. The Sheldons have gone through bankruptcy, and in the wake thereof are the two disputants now before this court.

We must determine whether the trial court was correct in denying recovery to the builder. Winnebago Homes advances three principal...

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