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MARTINSON v. BROOKS EQUIPMENT LEASING, INC.

36 Wis.2d 209 (1967)

MARTINSON, Executrix, Appellant, v. BROOKS EQUIPMENT LEASING, INC., Respondent.

Supreme Court of Wisconsin.

October 3, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Vernon Molbreak of Madison.

For the respondent there was a brief by Roberts, Boardman, Suhr & Curry, attorneys, and Thomas G. Ragatz and Gerald T. Conklin of counsel, all of Madison, and oral argument by Mr. Ragatz and Mr. Conklin.

BEILFUSS, J.

The issues on appeal are two:

1. Were the claimed "extras" included within the April 15th contract?

2. Was the imposition of $2,000 in liquidated damages unjustified?

It appears that at the time the contract was signed, April 15, 1965, the plans and specifications actually used to build the pool were not in existence. The only plans and specifications existing were those which accompanied the bid materials sent to interested contractors...

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