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BATAVIAN NAT. BANK v. S & H, INC.

3 Wis.2d 565 (1958)

BATAVIAN NATIONAL BANK OF LA CROSSE, Respondent, vs. S & H, INC., and another, Appellants.

Supreme Court of Wisconsin.

April 8, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bosshard & Arneson and Ray A. Sundet, all of La Crosse, for S & H, Inc., and by Robert J. Jenkins of La Crosse, for Edward H. Langhofer, and oral argument by Mr. Sundet and Mr. Jenkins.

For the respondent there was a brief by Bunge, Coleman, Moen & Meyer of La Crosse, and oral argument by John S. Coleman.

BROADFOOT, J.

In a memorandum decision the trial court determined that there were no material issues of fact to be tried and that the case was governed by the decisions of this court in Ratcliff v. Asfrros, 254 Wis. 126, 35 N.W.2d 217, and Leider v. Schmidt, 260 Wis. 273, 50 N.W.2d 233. The appellants claim that this case can be distinguished from the cases relied on by the trial court in that there was no ambiguity...

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