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BYRNES v. METZ

No. 247.

53 Wis.2d 627 (1972)

193 N.W.2d 675

BYRNES and others, Appellants, v. METZ and others, Respondents.

Supreme Court of Wisconsin.

Decided February 1, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Niebler & Niebler and John H. Niebler, all of Menomonee Falls, and oral argument by John H. Niebler.

For the respondents there was a brief by Erbstoeszer, Cleary & Zabel, Ltd., and oral argument by Patrick T. McMahon, all of Milwaukee.

WILKIE, J.

Three questions are raised on this appeal:

1. Are the increased costs of construction recoverable under the injunction bond?

2. Did respondents violate their duty to mitigate their damages?

3. Did the circuit court abuse its discretion in setting costs and attorneys' fees?

Increased construction costs.

The basic rule for computing damages under an injunction bond was first set out by this court in 1846 in...

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