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FIRST NAT. BANK IN OSHKOSH v. SCIESZINSKI

22 Wis.2d 30 (1963)

FIRST NATIONAL BANK IN OSHKOSH, Respondent, v. SCIESZINSKI and another, d/b/a AAA Midwest Home Improvement Company, Appellants.

Supreme Court of Wisconsin.

December 20, 1963.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Cleland P. Fisher of Janesville.

For the respondent there was a brief by Williams, Williams & Meyer of Oshkosh, and oral argument by Harry E. Meyer.

DIETERICH, J.

The bank commenced the instant action on March 17, 1962, to require defendant AAA to purchase back the Palmer note under the terms of a dealer/contractor certificate which was executed as part of a transaction between AAA and the bank. Paragraph 4 of the complaint alleges the following:

"That at the time said defendants discounted said note with plaintiff and obtained said $1,700 from plaintiff, and as part of the same transaction, said defendant...

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