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MONART MOTORS CO. v. HOME INDEMNITY CO.

1 Wis.2d 601 (1957)

MONART MOTORS COMPANY, Appellant, vs. HOME INDEMNITY COMPANY, Respondent.

Supreme Court of Wisconsin.

October 8, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hanley, Wedemeyer & Petersen, attorneys, and Robert F. Cavanaugh of counsel, all of Milwaukee, and oral argument by Mr. Cavanaugh.

For the respondent there was a brief by Fairchild, Foley & Sammond, and oral argument by David E. Beckwith and J. G. Hardgrove, all of Milwaukee.

FAIRCHILD, J.

Because we reach the conclusion that the circuit court should have overruled Monart's demurrer to the first affirmative defense and ordered judgment dismissing the complaint, it will be unnecessary to discuss the propriety of the circuit court's action in directing a verdict for defendant.

Apparently the parties agreed that the circuit court, in ruling upon the demurrer, should have the county court...

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