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CARNEY-RUTTER AGENCY v. CENTRAL OFFICE BUILDINGS

263 Wis. 244 (1953)

CARNEY-RUTTER AGENCY, INC., Plaintiff and Respondent, vs. CENTRAL OFFICE BUILDINGS, INC., Defendant: MITCHELL BUILDING CORPORATION, Defendant and Appellant.

Supreme Court of Wisconsin.

March 3, 1953.

Attorney(s) appearing for the Case

For the appellant there were briefs by George A. Gessner, attorney, and Charles D. Ashley of counsel, both of Milwaukee, and oral argument by Mr. Gessner.

For the respondent there was a brief by Gold & McCann, and oral argument by Richard A. McDermott, all of Milwaukee.

FAIRCHILD, J.

With respect to this appeal, respondent urges that it was proper for the trial court to have denied Mitchell's application for a summary judgment because there are disputed questions of fact. In addition to the verified complaint and answer, the trial court had before it the adverse examinations of Messrs. Carney and Rutter, various affidavits, and considerable documentary evidence, such as deeds of conveyance and letters passing between the parties...

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