Bostonian Homes, Inc. v. Struck

The issue as we view the record is whether this action should be returned to the trial court under sec. 251.09, Stats., upon the ground that it does not appear that the real controversy has been tried.

The construction contract provided that the plaintiff corporation would build a three-bedroom home in the city of Cudahy at the request of the defendants pursuant to plans and specifications provided by them. The contract price was $21,161.90.

A structure was built complying generally with the plans furnished. Contract payments were made in the amount of $19,264. The contractor, Bostonian Homes,…