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RESCH v. GREENLEE BROS. & CO.

No. 84-2065.

128 Wis.2d 237 (1985)

381 N.W.2d 590

Douglas A. RESCH, Plaintiff, v. GREENLEE BROS. & CO., a Delaware corporation, Firemen's Fund Ins. Co., a foreign corporation, and the Aetna Casualty & Surety Co., a foreign corporation, Defendants. FOURWAY MACHINERY SALES CO., a foreign corporation, Defendant and Third-Party Plaintiff-Appellant, Donald R. FRANTZ, d/b/a Frantz Machine Products and Frantz Machine Products, Inc., Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 18, 1985.

Attorney(s) appearing for the Case

For the defendant and third-party plaintiff-appellant, briefs were filed by Terrence C. Thom and Linda E. B. Hansen of Prosser, Wiedabach & Quale, S.C. of Milwaukee.

For the third-party defendants-respondents, briefs were filed by Daniel L. Smart and Christopher T. Kolb of Kingston and Smart of Mukwonago.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Fourway Machinery Sales Company appeals from a judgment dismissing its third-party complaint against Donald R. Frantz, d/b/a Frantz Machine Products and Frantz Machine Products, Inc. The major issue in this lawsuit is whether an invoice, sent by Fourway after delivery of a machine, is part of the contract and, if so, whether the indemnification provision of the invoice is binding on Frantz. We conclude that even if the invoice can be said to be part of...

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