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eBook details

• Title: Sanders v. Total Heat & Air
• Author : Wisconsin Court of Appeals
• Release Date : January 31, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This case arises out of a construction dispute involving a house. Appellee Total Heat & Air performed work on the home of appellants Wayne and Kathleen Sanders, pursuant to a proposal prepared by Total and signed and accepted by Mike Deaton, who is not a party to the case. The principle issue is whether Deaton signed the proposal in his own right as a general contractor or as an agent acting on behalf of the homeowners. The trial court found Deaton was acting as the homeowners agent, meaning that Totals contract was with the homeowners, not Deaton. Because we conclude there is no evidence to support this finding, we reverse the trial courts judgment in part and render judgment that Total take nothing from the homeowners. Because we conclude the homeowners did not prove their counterclaim against Total as a matter of law, or show the trial courts failure to find the counterclaim was against the overwhelming weight of the evidence, we affirm the rest of the trial courts judgment.

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