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HUDIBURG CHEVROLET, INC., v. PONCE

17 Wis.2d 281 (1962)

HUDIBURG CHEVROLET, INC., Appellant, v. PONCE, Respondent.

Supreme Court of Wisconsin.

June 29, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Michael J. Dunn and Carl F. Schetter, both of Milwaukee, attorneys, and Morgan & Ferrish of Midwest City, Oklahoma, of counsel, and oral argument by Mr. Schetter.

For the respondent there was a brief by Rebholz & Duffey of Milwaukee, and oral argument by Ed. A. Rebholz.

FAIRCHILD, J.

Plaintiff Hudiburg parted with possession of the automobile in exchange for a $500 check and James' promise to pay the balance, secured by a reservation of title. After the check proved worthless, Hudiburg did what it could to rescind the contract, but was unable to locate and repossess the car. James removed it to Wisconsin and sold it to a dealer who was acting in good faith, without notice, and for value.

If it be true, as claimed by Hudiburg...

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