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STAN'S LUMBER, INC. v. FLEMING

No. 94-1258.

196 Wis.2d 554 (1995)

538 N.W.2d 849

STAN'S LUMBER, INC., a Wisconsin Corporation, Plaintiff-Respondent, v. Gary P. FLEMING, d/b/a Gary P. Fleming Associates, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 30, 1995.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David Allan Rasmussen of Walworth.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Kim A. Howarth of Godfrey, Neshek, Worth & Leibsle, S.C. of Elkhorn.

Before Brown, Nettesheim and Snyder, JJ.

NETTESHEIM, J.

Gary P. Fleming, d/b/a Gary P. Fleming Associates, appeals from a money judgment in favor of Stan's Lumber, Inc. The judgment followed a trial at which a jury returned a favorable verdict to Stan's based on the law of account stated, unjust enrichment and implied or express contract.

On appeal, Fleming first argues that he was entitled to a directed verdict or "judgment after the verdict" on the account...

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