Druml Co. v. Capitol MacHinery Sales & Service Co.

The main issue is whether the trial court’s finding that the screed was sold as a part of Lot 351 is contrary to the great weight and clear preponderance of the evidence. If the finding is not so contrary, this court will not upset it on appeal. Kirchen v. Gottschalk (1965), 26 Wis. (2d) 123, 131 N. W. (2d) 885; Estate of Rich (1965), 26 Wis. (2d) 86, 131 N. W. (2d) 909; Estate of Starer (1963), 20 Wis. (2d) 268, 121 N. W. (2d) 872. Applying the great-weight-and-clear-preponderance test, we stated in State ex rel. Isham v. Mullally (1961), 15 Wis. (2d) 249, 112 N. W. (2d) 701, on page 255:

“Con…