FARMERS M. AUTO. INS. CO. v. SAFEGUARD INS. CO.


11 Wis.2d 534 (1960)

FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. SAFEGUARD INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

November 1, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by Petersen, Sutherland, Axley & Brynelson and James C. Herrick, and oral argument by Frank J. Bucaida, all of Madison.

For the respondent there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by William J. P. Aberg.


DIETERICH, J.

The question involved is whether there are any substantial issues of fact to be tried.

The defendant contends that James W. Gage and Williams Buick Company contracted unconditionally for the sale of specific goods, a particular 1947 Buick automobile, and that it was delivered to the buyer, James W. Gage. That title to the Buick automobile passed as a matter of law on April 1, 1958, and since Williams Buick Company did not own the car in question...

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