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A. O. SMITH CORP. v. BARTELT

No. 63.

46 Wis.2d 16 (1970)

173 N.W.2d 631

A. O. SMITH CORPORATION, Plaintiff and Appellant, v. BARTELT and wife, Defendants and Respondents: A. O. SMITH HARVESTORE PRODUCTS, INC., and others, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

Decided February 6, 1970.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hill, Miller, Quale & Hartmann of Baraboo, and oral argument by Forrest D. Hartmann.

For the respondents Melvin and Ivy Bartelt there was a brief by Callahan & Arnold of Columbus, and oral argument by Clark Arnold.

For the respondent Lester A. Helgesen, Inc., there was a brief by Stafford, Rosenbaum, Rieser & Hansen of Madison.

HANLEY, J.

Two issues are presented on this appeal:

(1) Did the trial court err when it held as a matter of law that Lester A. Helgesen, Inc., acted as an agent of the appellant A. O. Smith Corporation in the construction of the Harvestore silo; and

(2) Did the trial court err when it held that appellant A. O. Smith's claim for the unpaid balance of its note was barred by failure to comply with secs. 241.13 and 241.134, Stats. 1963?

Determination...

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