TROY CO. v. PERRY

No. 283.

68 Wis.2d 170 (1975)

228 N. W. 2d 169

TROY COMPANY, Appellant, v. PERRY and others, Respondents.

Supreme Court of Wisconsin.

Decided April 28, 1975.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the briefs of Paul L. Moskowitz and Bradley J. Keith, both of Milwaukee; and for the defendants-respondents on the brief of James G. Forester and Forester, Carroll & Rupke, all of Milwaukee.


Submitted under sec. (Rule) 251.54 December 2, 1974.

HEFFERNAN, J.

This action by The Troy Company is one to recover on an express contract for the furnishing of plumbing materials and services on two properties held in a co-tenancy by Phillip and Helen Dimitriades and by Raymond J. and Janice P. Perry. During the course of trial to the court, although the complaint stated a cause of action for express contract liability, the plaintiff argued that there was...

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