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WM. BEAUDOIN & SONS, INC. v. MILWAUKEE COUNTY

No. 265.

63 Wis.2d 441 (1974)

217 N.W.2d 373

WM. BEAUDOIN & SONS, INC., Appellant, v. MILWAUKEE COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided May 7, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Tyson, Sawyer & Murphy and John J. Tyson, all of Elm Grove, and oral argument by John J. Tyson.

For the respondent there was a brief by Robert P. Russell, corporation counsel, and James J. Bonifas, deputy corporation counsel, and oral argument by Mr. Bonifas.

BEILFUSS, J.

Beaudoin argues here that the evidence does not sustain the trial court's findings of fact and that the court's conclusion of law that because Beaudoin performed no services under Item 21 the provision dropped out of the contract and the county has no liability thereunder is erroneous.

A countless number of cases, both old and new, state the rule that findings of fact of a trial court sitting without a jury will not be upset upon appellate review...

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