HOLTON STATE BANK v. GREATER MILW. FOOD M. ASSO.


9 Wis.2d 95 (1960)

HOLTON STATE BANK, Plaintiff and Respondent, v. GREATER MILWAUKEE FOOD MERCHANTS ASSOCIATION, INC., Defendant: MARK IV CONSTRUCTION & ENGINEERING COMPANY, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

January 5, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by William P. McGovern, attorney, and Patrick T. Sheedy and Michael J. Barron of counsel, all of Milwaukee, and oral argument by Mr. McGovern.

For the respondent there was a brief and oral argument by Joseph N. Futowsky, attorney, and Ralph M. Hoyt of counsel, both of Milwaukee.


HALLOWS, J.

The appellant contends the lien waivers should be reformed because of a mutual mistake of fact. This requires us to review the evidence. On November 15, 1956, Holton State Bank loaned Food Merchants the sum of $14,000 and took its promissory note secured by a first mortgage on a store building in Milwaukee. At this time Food Merchants and Mark were negotiating for the remodeling of the building and on November 16th, the day

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