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MID-STATE CONTRACTING, INC. v. SUPERIOR FLOOR CO., INC.

No. 02-0761-FT.

258 Wis.2d 139 (2002)

2002 WI App 257

655 N.W.2d 142

MID-STATE CONTRACTING, INC., Plaintiff-Respondent, v. SUPERIOR FLOOR COMPANY, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 17, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven M. Anderson, Julie M. Falk and Ruder, Ware & Michler, a limited liability S.C., of Wausau.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John P. Runde and Terwilliger, Wakeen, Piehler & Conway, S.C., of Wausau.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Superior Floor Company, Inc., appeals a judgment awarding 18% interest on a jury verdict.1 Superior claims it never contracted with Mid-State Contracting, Inc., for an interest rate above the statutory limit of 5%2 and Mid-State unilaterally added the 18% rate at the bottom of its invoices to Superior. We determine that the interest rate line constitutes an additional term under WIS....

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