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SEEGERS v. SPRAGUE

No. 514 (1974).

70 Wis.2d 997 (1975)

236 N. W. 2d 227

SEEGERS et al., d/b/a SEEGERS BROTHERS EXCAVATING, Respondents, v. SPRAGUE, Appellant.

Supreme Court of Wisconsin.

Decided November 25, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Herbert L. Usow, S. C. of Milwaukee.

For the respondents the cause was submitted on the brief of John P. Buckley of Waukesha.

Submitted under sec. (Rule) 251.54 October 30, 1975.

HANLEY, J.

The sole issue on this appeal is whether the contractor here may recover the value of goods and services rendered to a general contractor property owner.

The key paragraph in Seegers' complaint was:

"That on or about the 13th day of October, 1970 at the special instance and the request of the defendant, plaintiffs agreed to furnish certain materials and labor to wit: . . ."

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