HARPER, DRAKE & ASSO. v. JEWETT & SHERMAN CO.

No. 159.

49 Wis.2d 330 (1971)

182 N.W.2d 551

HARPER, DRAKE & ASSOCIATES, INC., Respondent, v. JEWETT & SHERMAN COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided January 5, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Grootemaat, Cook & Franke, attorneys, and David J. Hase of counsel, all of Milwaukee, and oral argument by Mr. Hase.

For the respondent there was a brief by Cahill, Fox & Smith, attorneys, and Daniel O. Ryan, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Ryan.


HANLEY, J.

The following issues are presented on appeal:

(1) When a written, proposed contract is unexecuted and unenforceable may resort be had to one of its terms in determining the reasonable value of an architect's services; if not,

(2) Then is the remaining evidence in the record as to reasonable value of services sufficient to support the verdict; and

(3) Was there a rational and credible basis...

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