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MCKENZIE v. WARMKA

No. 75-829.

81 Wis.2d 591 (1978)

260 N.W.2d 752

McKENZIE, d/b/a McKenzie Construction Company, Respondent, v. WARMKA, d/b/a Warmka Floor & Wall Covering, Appellant.

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Gregory K. Scott and Rasmussen Law Offices of Beaver Dam.

For the respondent the cause was submitted on the brief of Ralph W. Fink and Fink & Fink of Richland Center.

CONNOR T. HANSEN, J.

Warmka entered into a contract with McKenzie whereby Warmka agreed to install a seamless floor covering in a kitchen at St. Joseph's Memorial Hospital in Hillsboro. The floor covering was to meet certain specifications, and the contract price was to be $3,092.

The flooring subsequently installed by Warmka was rejected by McKenzie because the materials used did not conform to the specifications of the contract and because of alleged, but...

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