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HILLS BROS. COFFEE v. DAIRYLAND TRANSP.

No. 89-2076.

157 Wis.2d 645 (1990)

460 N.W.2d 433

HILLS BROS. COFFEE, INC., Plaintiff-Appellant, v. DAIRYLAND TRANSPORT, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 8, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Roy G. Stohlman of Appleton.

On behalf of the defendant-respondent, the cause was submitted on the brief of Barbara A. O'Brien of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

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

SCOTT, J.

Hills Bros. Coffee, Inc. appeals from an order denying summary judgment and from a judgment for damages. Hills Bros. first contends there was no material issue of fact regarding damages and therefore summary judgment was improperly denied. Second, Hills Bros. argues that the trial court misinstructed the jury on fair market value. We disagree and affirm.

In December 1985, Hills Bros. contracted with Dairyland Transport, Inc. to ship a truckload of...

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