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STEVENS CONSTRUCTION CORP. v. CAROLINA CORP.

Nos. 253-255.

63 Wis.2d 342 (1974)

217 N.W.2d 291

STEVENS CONSTRUCTION CORPORATION, Plaintiff and Appellant, v. CAROLINA CORPORATION and others, Defendants, and Respondents: HARDWARE MUTUAL CASUALTY COMPANY, added Defendant. STEVENS CONSTRUCTION CORPORATION, Plaintiff and Appellant, v. GRANDLICH and others, Defendants and Respondents: CONCRETE RESEARCH, INC., and others, Third-Party Defendants. STEVENS CONSTRUCTION CORPORATION, Appellant, v. ELRUTH CORPORATION and others, Respondents.

Supreme Court of Wisconsin.

Decided May 7, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Cook & Franke, S. C., attorneys, and John J. Ottusch. of counsel, all of Milwaukee, and oral argument by Mr. Ottusch.

For the respondents there was a brief by Axley, Brynelson, Herrick & Gehl of Madison, and oral argument by Griffin G. Dorschel of Madison.

HANLEY, J.

The following issues are presented by this appeal:

1. Did the trial court err in concluding that Stevens had breached its contract in failing to furnish a properly designed prestressed concrete structure?

2. Did the owners of Normandy Apartments waive the construction defect by failing to object thereto?

3. Did the trial court err in finding that the repair contract between Stevens and the owners failed for want of consideration...

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