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RACINE v. TOWN OF MOUNT PLEASANT

No. 245.

61 Wis.2d 495 (1973)

213 N.W.2d 60

CITY OF RACINE, Appellant, v. TOWN OF MOUNT PLEASANT, Respondent.

Supreme Court of Wisconsin.

Decided December 21, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Jack Harvey, city attorney, and Edward A. Krenzke, deputy city attorney, and oral argument by Mr. Krenzke.

For the respondent there was a brief and oral argument by William E. Dye, town attorney.

HANLEY, J.

The sole issue presented on this appeal is whether the trial court erred in determining that, pursuant to the contract, the city's right to adjustment of its billings to conform to its actual cost of treatment applied prospectively only.

The trial court held that the following provision:

"The town agrees to make payment quarterly. The quarters upon which billing shall be based shall commence on the first days of the months of January, April...

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