Hanz Trucking, Inc. v. Harris Brothers Co.

29 Wis.2d 254 (1965)

HANZ TRUCKING, INC., Respondent,

v.

HARRIS BROTHERS COMPANY, Crestline Division, Appellant.

Supreme Court of Wisconsin.

November 2, 1965.

December 3, 1965.

For the appellant there was a brief by Smith, Puchner, Tinkham & Smith of Wausau, and oral argument by Richard P. Tinkham.

For the respondent there was a brief by Crooks & Crooks of Wausau, and oral argument by Clayton J. Crooks.

BEILFUSS, J.

The issues raised are as follows:(1) Is the minimum mileage provision of the contract ambiguous?(2) Did retention of the check constitute an accord and satisfaction?(3) Did the failure of…