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WIGGINS CONSTRUCTION CO. v. JOINT SCHOOL DIST.

35 Wis.2d 632 (1967)

WIGGINS CONSTRUCTION COMPANY, Respondent, v. JOINT SCHOOL DISTRICT NO. 3 OF THE VILLAGE OF HALES CORNERS, CITIES OF FRANKLIN AND GREENFIELD, Appellant.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Frisch, Dudek, Banholzer & Slattery, attorneys, and Philip S. Grelecki of counsel, all of Milwaukee, and oral argument by Mr. Grelecki.

For the respondent there was a brief by Tyson & Sawyer and John J. Tyson, all of Elm Grove, and oral argument by John J. Tyson.

HANLEY, J.

There are two issues presented by this appeal: (1) Did the trial court err in finding the work as constructed by respondent defective as a matter of law, despite the jury verdict to the contrary; and (2) did the trial court in this case properly apply the Powers rule in assessing damages against respondent in the sum of $1,800?

The building contract requiring the roof deck to be constructed with...

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