DE WITTE v. KEARNEY & TRECKER CORP.


265 Wis. 132 (1953)

DE WITTE and others, Appellants, vs. KEARNEY & TRECKER CORPORATION and another, Respondents.

Supreme Court of Wisconsin.

November 3, 1953.


Attorney(s) appearing for the Case

For the appellants there was a brief by Max Raskin, and oral argument by William F. Quick, both of Milwaukee.

For the respondents there was a brief by Lamfrom, Tighe, Engelhard & Peck, attorneys, and Francis X. Krembs of counsel, all of Milwaukee, and oral argument by Leon B. Lamfrom.


MARTIN, J.

We will first consider the question whether the complaint states the facts sufficient to constitute a cause of action. In deciding this point it must be determined, first, whether the words used and the statements made are capable of the libelous meaning, and, second, whether such statements refer to some ascertained or ascertainable person.

Paragraphs "Fourth," "Fifth," and "Sixth" of the letter, which are particularly referred to in the complaint...

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