Oldenburg v. Hagemann

Defendant, Ralph L. Hagemann, d/b/a Ralph’s Lathing and DryWall (Hagemann), brings this appeal following the trial court’s dismissal of count IV of his amended counterclaim against Walter E. Oldenburg, d/b/a Walter E. Oldenburg Plastering Contractor (Oldenburg), and count II of his third-party complaint against Richard L. Johnson, d/b/a Richard L. Johnson Associates, Inc. (Johnson).

On January 10, 1984, Oldenburg filed a complaint for breach of contract against Hagemann. On a periodic and regular basis Oldenburg and Hagemann had entered into various agreements in which they would bid and…