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HERTLEIN v. HUCHTHAUSEN

No. 86-0514.

133 Wis.2d 67 (1986)

393 N.W.2d 299

Joe HERTLEIN, Plaintiff-Appellant, v. Mr. & Mrs. Donald HUCHTHAUSEN, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 28, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of John M. Potter and Brazeau, Potter, Wefel & Nettesheim of Wisconsin Rapids.

For the defendants-respondents the cause was submitted on the brief of Richard E. Weymouth and Nash, Podvin, Detlefsen, Tuchscherer & Weymouth, S.C. of Wisconsin Rapids.

Before Gartzke, P.J., Dykman, J., and Eich, J.

EICH, J.

Joe Hertlein, a contractor, built an addition to a house owned by Donald and Carol Huchthausen. When the Huchthausens refused to pay the full contract price for the work, Hertlein sued them in small claims court. The Huchthausens counterclaimed, alleging faulty workmanship. The trial court found in their favor, dismissing Hertlein's complaint and awarding the Huchthausens damages on their counterclaim.

Hertlein appealed, raising two issues: (1) whether...

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