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EKSTROM v. STATE

No. 12.

45 Wis.2d 218 (1969)

172 N.W.2d 660

EKSTROM, Respondent, v. STATE, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1969.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Richard E. Barrett and E. Gordon Young, assistant attorneys general, with whom on the briefs was Robert W. Warren, attorney general.

For the respondent there were briefs by Jasper, Winner, Perina & Rouse and Robert I. Perina, attorneys, and Harry Sauthoff, Jr., of counsel, all of Madison, and oral argument by Mr. Sauthoff.

HANLEY, J.

The basic issue on this appeal is whether the evidence is sufficient to show that the state's refusal to accept material was fraudulent or done in bad faith. Several other issues are raised. However, their significance was predicated upon the propriety of the submission of the case to the jury.

Sufficiency of Evidence.

Ekstrom's cause of action against the state is predicated upon the existence of an implied promise that the state...

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