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RIPON v. DIEDRICH

34 Wis.2d 459 (1967)

TOWN OF RIPON, Respondent, v. DIEDRICH, Appellant.

Supreme Court of Wisconsin.

April 11, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by H. Maxwell Manner of Ripon.

For the respondent there was a brief land oral argument by William F. Hayes of Ripon.

HANLEY, J.

In view of the established fact that the defendant did not expressly request the town of Ripon to grade and gravel Skyline Circle roadway, the question turns upon the right of the plaintiff to have been permitted to amend his pleadings to prove a cause of action based on quantum meruit or unjust enrichment rather than oral contract.

The defendant was the owner of the tract of land referred to as...

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