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YELLOW MFG. ACCEPTANCE CORP. v. BRITZ

8 Wis.2d 666 (1959)

YELLOW MANUFACTURING ACCEPTANCE CORPORATION, Respondent, v. BRITZ, Appellant.

Supreme Court of Wisconsin.

January 5, 1960.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ken Traeger of Gresham.

For the respondent there was a brief by Adolph I. Mandelker, attorney, and John H. Wessel of counsel, both of Milwaukee, and oral argument by Mr. Wessel.

FAIRCHILD, J.

The defense is founded upon the proposition that once it was established that there are two people named George P. Britz, an ambiguity was disclosed, and all facts and circumstances tending to identify which George P. Britz the parties intended to name as buyer became admissible. The county court apparently proceeded upon the theory that once it was shown that George, Sr., wrote the name upon the contract, the ambiguity was resolved, and no further extrinsic...

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