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ELI ENVIRONMENTAL v. 435 PARTNERS

No. 2006AP1095.

731 N.W.2d 354 (2007)

ELI ENVIRONMENTAL CONTRACTORS, INC., Plaintiff-Respondent, v. 435 PARTNERS, LLC, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 13, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Rodney W. Carter, J. Michael Long and John T. Domaszek of Murn & Martin, S.C., of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John E. Machulak and Susan R. Robertson of Machulak, Robertson & Sodos, S.C., of Milwaukee.

Before WEDEMEYER, P.J., CURLEY and KESSLER, JJ.

¶ 1 KESSLER, J.

435 Partners, LLC appeals from a judgment enforcing a promissory note it executed in favor of Eli Environmental Contractors, Inc. After trial to the court, the trial court found that reciprocal promises by Eli and 435 Partners were sufficient consideration to support the Note, and that 435 Partners had not sustained its burden of proof of lack of consideration by the clear and convincing evidence required to defeat the presumption of consideration...

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