AMOCO OIL COMPANY, a Maryland corporation, Plaintiff-Appellant and Cross-Respondent,
v.
CAPITOL INDEMNITY CORPORATION, Defendant-Respondent and Cross-Appellant and Cross-Respondent,
Staley & Lawrenz, Inc., Defendant-Respondent,
Black Rock Contracting Corporation, Craig D. Lawrenz, Defendants,
John R. Madden, Defendant-Respondent and Cross-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Argued April 24, 1979.
Decided January 28, 1980.
Attorney(s) appearing for the Case
For the plaintiff-appellant Amoco Oil Company, there were briefs by Ronald L. Wallenfang and W. Stuart Parsons and Quarles & Brady of Milwaukee, and oral argument by Ronald L. Wallenfang.
For the defendant-respondent Capitol Indemnity Corporation there were briefs by Bruce Gillman and Tomlinson, Gillman & Travers, S.C., of Madison, and oral argument by Bruce Gillman.
For the defendant-respondent and cross-appellant John R. Madden there were briefs by Thomas J. Basting and Brennan, Steil, Ryan, Basting and MacDougall, S.C., of Janesville, and oral argument by Thomas J. Basting.
Before Bablitch, J., Dykman, J. and Sachtjen, Reserve Judge.
Court of Appeals of Wisconsin.
SACHTJEN, W.J.
This is a contract action commenced by the plaintiff (Amoco) to recover the balance due it for 1,067.47 tons of hot asphalt delivered to the defendant-contractors for purposes of a state highway project. Only 693.4 tons were actually used on this project. The remaining asphalt was diverted to two other public projects and numerous private ones. The contract obligated Amoco to provide only up to 740 tons for...
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