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FRANTL INDUSTRIES v. MAIER CONSTRUCTION, INC.

No. 399.

68 Wis.2d 590 (1975)

229 N. W. 2d 610

FRANTL INDUSTRIES, INC., Appellant, v. MAIER CONSTRUCTION, INC., Respondent.

Supreme Court of Wisconsin.

Decided June 3, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Willis J. Zick of Waukesha.

For the respondent the cause was submitted on the brief of Richard D. Finley of Milwaukee.

Submitted under sec. (Rule) 251.54 April 10, 1975.

HEFFERNAN, J.

On December 28, 1971, Frantl Industries, Inc., entered into a contract with Maier Construction, Inc., to perform work and furnish materials for the interior of a steam-heated drying kiln at a plant of the American Concrete Pipe Company. After the work was completed, the paint used bubbled off and it was necessary for Maier to recontract to have the work done by another. Nevertheless, on May 10...

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