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SCHERG v. PUETZ

269 Wis. 561 (1955)

SCHERG, Respondent, vs. PUETZ, Appellant.

Supreme Court of Wisconsin.

April 5, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John T. Collentine of Kiel.

For the respondent there was a brief by Gruhle & Fessler, attorneys, and Henry A. Detling of counsel, all of Sheboygan, and oral argument by Mr. Detling.

FAIRCHILD, C. J.

This action was brought by respondent to recover an amount due him because of a breach of contract by appellant. In the contract, dated November 16, 1951, it was agreed that appellant would sell respondent a 1952 Lincoln Cosmopolitan automobile as such model became available, and at the prevailing price of such model when available. In consideration therefor the respondent sold to appellant his 1951 Lincoln Cosmopolitan automobile. The car of respondent...

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