CAPITOL SAND & GRAVEL CO. v. WAFFENSCHMIDT

No. 68 (1974).

71 Wis.2d 227 (1976)

237 N.W.2d 745

CAPITOL SAND & GRAVEL COMPANY, INC., a Wisconsin corporation, Respondent, v. WAFFENSCHMIDT, Appellant.

Supreme Court of Wisconsin.

Decided February 3, 1976.


Attorney(s) appearing for the Case

For the appellant there were briefs by Conway & Conway of Baraboo.

For the respondent there was a brief by Hill, Quale & Hartmann of Baraboo.


ROBERT W. HANSEN, J.

The parties to this action have gone to court twice over a single pile of gravel. In the first of the two cases, the landowner established that the gravel company had gone beyond the intent and agreement of the parties in storing gravel from another pit on the landowner's property, and was awarded damages. In this second action, here on appeal, the gravel company was awarded judgment on findings that: (1) The gravel company was entitled to possession...

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