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TRI-STATE HOME IMPROVEMENT CO. v. MANSAVAGE

No. 75-230.

77 Wis.2d 648 (1977)

253 N.W.2d 474

TRI-STATE HOME IMPROVEMENT COMPANY, INC., Plaintiff-Appellant, v. MANSAVAGE, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 17, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Robert A. Levine and Levine & Levine of Milwaukee.

For the respondents the cause was submitted on the brief of Borgelt, Powell, Peterson & Frauen, attorneys, and Willard P. Techmeier, of counsel, all of Milwaukee.

BEILFUSS, C. J.

Three basic issues are presented:

(1) Did the plaintiff substantially perform the contract?

(2) Was it an abuse of discretion to deny the plaintiff's motion to amend its complaint so as to state a cause of action for quantum meruit?

(3) Did the proof establish violations of the provisions of Ch. Ag 110, 1 Wis. Adm. Code, dealing with unfair practices in home improvement contracts?

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