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ROTOR-AIRE, INC. v. MARTH

No. 76-122.

87 Wis.2d 773 (1979)

275 N.W.2d 701

ROTOR-AIRE, INC., Plaintiff-Respondent, v. MARTH, Defendant-Appellant and Third-Party Plaintiff: OPGENORTH, and another, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the appellant there were briefs by Molbreak Law Office, and oral argument by Vernon W. Molbreak of Madison.

There was a joint brief by Jenswold, Studt, Hanson, Clark & Kaufmann for third-party defendants; and by Miller, Rothstein & Mussallem for respondent, and oral argument by Larry I. Hanson, all of Madison.

WILLIAM G. CALLOW, J.

This is an appeal from a judgment awarding damages to the plaintiff for the cost of helicopter flight lessons given to the defendant. We affirm the trial court's finding that the defendant's implied promise to pay for flight instruction was not contingent on the sale of a helicopter to him at dealer's cost; we modify the judgment, however, in light of our conclusion that it is contrary to public policy under these circumstances to permit recovery...

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