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NOVELLY OIL CO. v. MATHY CONST.

No. 87-2192.

147 Wis.2d 613 (1988)

433 N.W.2d 628

NOVELLY OIL COMPANY, and Goldstein Oil Company, d/b/a Apex Oil Company, Plaintiffs-Appellants, v. MATHY CONSTRUCTION COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 17, 1988.

Attorney(s) appearing for the Case

For the plintiffs-appellants the cause was submitted on the briefs of Michael W. Gill and Hale, Skemp, Hanson & Skemp, of La Crosse.

For the defendant-respondent the cause was submitted on the brief of L. E. Sheehan and Moen, Sheehan, Meyer & Henke, Ltd., of La Crosse.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J., dissents.

EICH, J.

Novelly Oil Company and Goldstein Oil Company, d/b/a Apex Oil Company, appeal from a judgment dismissing their complaint against Mathy Construction Company. Apex sued Mathy for amounts due on an alleged oral contract for the purchase of asphalt. The trial court dismissed the action, ruling that no contract was ever formed because the parties' minds had never met on the essential elements of their agreement. We agree with that...

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