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BEACON F. S. & L. ASSO. v. PANORAMIC ENTERPRISES

8 Wis.2d 550 (1959)

BEACON FEDERAL SAVINGS & LOAN ASSOCIATION, Plaintiff and Respondent, v. PANORAMIC ENTERPRISES, INC., Defendant: ASSOCIATED BROKERAGE, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

December 1, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wittig & Wittig, attorneys, and Michael J. Duginski of counsel, all of Milwaukee, and oral argument by Mr. John A. Wittig and Mr. Duginski.

For the respondent there was a brief by George D. Young, attorney, and John H. Ames of counsel, both of Milwaukee, and oral argument by Mr. Ames.

CURRIE, J.

Both the defense alleged by Associated in its answer to plaintiff's cause of action for foreclosure, and the cause of action attempted to be alleged in the counterclaim, are grounded upon the oral extension agreement. If it appears upon the face of the answer and counterclaim that such oral extension agreement is void and unenforceable, then such defense and cause of action necessarily fail. While Associated concedes...

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