KREYER v. DRISCOLL

No. 222.

39 Wis.2d 540 (1968)

159 N.W.2d 680

KREYER, d/b/a R. J. KREYER CONSTRUCTION COMPANY, Plaintiff and Respondent, v. DRISCOLL and wife, Defendants and Appellants: MCMAHON, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 28, 1968.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank X. Kinast of Beloit.

For the respondent there were briefs by Grutzner & Jaeekle of Beloit, and oral argument by Edward Grutzner.


HALLOWS, C. J.

The plaintiff complains the findings of fact as to terms of the building contract are in error because they omit: (1) The plaintiff was to receive payment in four draws as the job progressed; (2) he was to use the draw money only for Driscolls' house; and (3) the plaintiff was to submit lien waivers to show for what he had used the draw money. The record is voluminous and contains much evidence relating to these three issues. The evidence is conflicting...

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