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LANGE v. ANDRUS

1 Wis.2d 13 (1957)

LANGE and others, Plaintiffs, vs. ANDRUS and wife, Defendants and Appellants: KINATEDER and wife, Interpleaded Defendants and Respondents.

Supreme Court of Wisconsin.

May 7, 1957.

Attorney(s) appearing for the Case

For the appellants there were briefs by Geffs, Geffs, Block & Geffs of Janesville, and oral argument by Jacob Geffs.

For the respondents there were briefs by Mistele & Smith of Jefferson, and oral argument by Richard C. Smith.

WINGERT, J.

In our opinion the "affirmative defense" in Kinateder's answer to the cross complaint fails to state facts constituting a defense to the claim for breach of warranty, and therefore the demurrer must be sustained.

1. The metes-and-bounds description in the deed appears to have included the three-acre tract without ambiguity, and no claim is made to the contrary. Since the warranty of title, imported into the deed by force of sec. 235.06 (2), Stats...

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