TUNKIEICZ v. LIBBY, McNEILL & LIBBY

No. 164.

44 Wis.2d 414 (1969)

171 N.W.2d 393

TUNKIEICZ, Respondent, v. LIBBY, McNEILL & LIBBY, Appellant.

Supreme Court of Wisconsin.

Decided October 28, 1969.


Attorney(s) appearing for the Case

For the appellant there was a brief by Phillips & Richards of Kenosha, and oral argument by Charles J. Richards.

For the respondent there was a brief by Heide, Sheldon, Hartley & Thom and W. A. Sheldon, all of Kenosha, and oral argument by W. A. Sheldon.


BEILFUSS, J.

The defendant, Libby, contends the trial court erred in permitting plaintiff's witnesses to testify that the lima beans could have been harvested when they had no actual knowledge of the soil conditions and no hypothetical questions of assumed facts of the record had been given to the witnesses. Libby also contends that without this testimony the evidence is not sufficient to sustain the verdict.

The...

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