Ace Associates, Inc. v. Nagy

This is a fact case. In a trial to the court, the court’s findings of fact may not be set aside on appeal unless contrary to the great weight and clear preponderance of the evidence. The trier of the fact is the judge of the credibility of the witnesses and the weight of the testimony and the inferences to be drawn from the evidence. Estate of Fillar (1960), 10 Wis. (2d) 141, 102 N. W. (2d) 210; Estate of Fuller (1957), 275 Wis. 1, 81 N. W. (2d) 64.

Nagy owned a tavern on West Juneau avenue called the “Castle.” Ace Associates, Inc., proposed to construct a two-story building on Lisbon avenue…