BIRNAMWOOD OIL CO. v. ARROWHEAD ASSO.


14 Wis.2d 657 (1961)

BIRNAMWOOD OIL COMPANY, INC., Respondent, v. ARROWHEAD ASSOCIATION, INC., and others, Appellants.

Supreme Court of Wisconsin.

November 28, 1961.


Attorney(s) appearing for the Case

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

For the respondent there was a brief by Whiting & Whiting of Antigo, and oral argument by James H. Whiting and A. N. Whiting.


HALLOWS, J.

The first issue raised by the defendants is whether, in an action for a deficiency judgment on the sale of personal property under a chattel-mortgage foreclosure, the defendants can plead an offset for damages caused by the negligence of the plaintiff in permitting the property to depreciate while in the possession of the plaintiff.

The defendants also contend the court erred in excluding evidence to prove such damage and rejected their offer of...

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