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QUINNELL'S SEPTIC & WELL v. DEHMLOW

No. 88-1862.

152 Wis.2d 313 (1989)

448 N.W.2d 16

QUINNELL'S SEPTIC & WELL SERVICE, INC., Plaintiff-Respondent, v. David DEHMLOW, and Vicki Dehmlow, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 14, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Legal Services of Northeastern Wisconsin, Inc., by Thomas W. Scott, of Oshkosh.

For the plaintiff-respondent the cause was submitted on the briefs of Thomas J. McNally, of Necedah.

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

EICH, C.J.

David and Vicki Dehmlow appeal from a judgment awarding Quinnell's Septic & Well Service, Inc., $1,495 in damages for services rendered in modifying a septic system on the Dehmlows' property. The issue is whether, because Quinnell made the alterations to the septic system after being directed to do so by a state agency, any benefit to the Dehmlows was "incidental" to Quinnell's performance of its own duty, thus barring any recovery on Quinnell's part...

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