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GLENS FALLS INS. CO. v. CONCRETE RESEARCH

No. 256.

57 Wis.2d 744 (1973)

205 N.W.2d 165

GLENS FALLS INSURANCE COMPANY OF NEW YORK and another, Plaintiffs and Respondents, v. CONCRETE RESEARCH, INC., and another, Defendants and Appellants: JOHN HENNES TRUCKING COMPANY, Defendant.

Supreme Court of Wisconsin.

Decided March 27, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Niebler & Niebler, attorneys, and Chester J. Niebler of counsel, all of Menomonee Falls.

For the respondents the cause was submitted on the brief of Kluwin, Dunphy, Hankin & Hayes of Milwaukee.

Submitted under sec. (Rule) 251.54 March 1, 1973.

PER CURIAM.

Plaintiffs sued, alleging that the collapse of the building was caused by the negligence of the defendants. The defendants answered, denying negligence. They also raised affirmative defenses of waiver or estoppel and accord and satisfaction arising out of the settlements between the plaintiffs and the owner and general contractor under the insurance policies issued by plaintiffs. The parties stipulated...

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