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BOSTONIAN HOMES, INC. v. STRUCK

No. 165.

44 Wis.2d 553 (1969)

171 N.W.2d 320

BOSTONIAN HOMES, INC., Respondent, v. STRUCK and wife, Appellants.

Supreme Court of Wisconsin.

Decided October 31, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief by McCormick & Tessmer of Milwaukee, and oral argument by Henry A. Tessmer.

For the respondent there was a brief by Usow, Teper & Weiss, and oral argument by Richard A. Victor, all of Milwaukee.

A brief amicus curiae was filed by Hersh, Magidson & Lensky of Milwaukee, for the Metropolitan Builders Association of Greater Milwaukee.

BEILFUSS, J.

The issue as we view the record is whether this action should be returned to the trial court under sec. 251.09, Stats., upon the ground that it does not appear that the real controversy has been tried.

The construction contract provided that the plaintiff corporation would build a three-bedroom home in the city of Cudahy at the request of the defendants pursuant to plans and specifications provided by them. The contract price was $21,161.90.<...

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