01-3330 Volkmann d/b/a All Seasons Contracting v. Superior Home Services Inc.

By: dmc-admin//September 30, 2002//

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Superior Homes Services Inc. (“Superior”) appeals from the judgment, following a bench trial, awarding Joseph W. Volkmann (d/b/a All Seasons Contracting) $14,342.37 for unpaid home rehabilitation services. Superior contends that the circuit court erred by: (1) failing to require Volkmann’s strict compliance with the terms of the contracts; (2) concluding that Superior waived its right to claim damages by making periodic payments due under the contract; and (3) concluding that Superior failed to establish the difference in value between the actual improvements and the improvements called for in the contract, which accounted for its withholding of Volkmann’s payments.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, Sullivan, J., Per Curiam

Attorneys:

For Appellant: Marcus J. Sengstock, Milwaukee

For Respondent: Peter N. Flessas, Milwaukee

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