LA VELLE v. DE LUCA

Nos. 140, 141.

48 Wis.2d 464 (1970)

180 N.W.2d 710

LA VELLE and another, d/b/a LA VELLE-OVERTON GENERAL CONTRACTORS, Plaintiffs and Respondents, v. DE LUCA and others, copartners, d/b/a DE LUCA'S RESTAURANT & COCKTAIL LOUNGE, Defendants and Third-Party Plaintiffs and Appellants: LINCOLN SAVINGS & LOAN ASSOCIATION, Defendant: VER HALEN, INC., and another, Third-Party Defendants and Respondents. DON SCHUSTER ELECTRIC CORPORATION, Plaintiff and Respondent, v. DE LUCA and others, copartners, d/b/a DE LUCA'S RESTAURANT & COCKTAIL LOUNGE, Defendants and Appellants: LA VELLE and another, d/b/a LA VELLE-OVERTON GENERAL CONTRACTORS, and another, Defendants and Respondents.

Supreme Court of Wisconsin.

Decided November 3, 1970.


Attorney(s) appearing for the Case

For the appellants three was a brief by Peregrine, Schimenz, Marcuvitz & Cameron of Milwaukee, and oral argument by Alan Marcuvitz.

For the respondents La Velle and Overton d/b/a La Velle-Overton General Contractors and Cudahy Lumber & Supply there was a brief and oral argument by Thomas J. Bergen of Milwaukee.

For the respondent Don Schuster Electric Corporation there was a brief and oral argument by Terese A. Tillman of Milwaukee.


HALLOWS, C. J.

The brief of De Luca raises five questions which may be telescoped into two: (1) Is there sufficient evidence to sustain the court's finding of the nature of the contract entered into by La Velle and De Luca for the remodeling of the restaurant and cocktail lounge; and (2) is there sufficient evidence to support the trial court's findings of the amounts due La Velle, Cudahy, and Schuster?

At the outset we point out the well-established appellate...

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