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SORGE ICE CREAM & DAIRY CO. v. WAHLGREN

28 Wis.2d 220 (1965)

SORGE ICE CREAM & DAIRY COMPANY, Appellant, v. WAHLGREN, Respondent.

Supreme Court of Wisconsin.

October 5, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Irving D. Gaines, attorney, and Paul E. Sicula of counsel, both of Milwaukee, and oral argument by Mr. Gaines.

For the respondent there was a brief and oral argument by Albert R. Franz of Milwaukee.

CURRIE, C. J.

The issue presented by this appeal is whether plaintiff owed a legal duty to defendant to have applied on the $15,500 note a sufficient part of the $8,372.67 credit given the principal debtor Ehrhardt for the equipment transferred to plaintiff by the May 21, 1963, bill of sale so as to have extinguished defendant's liability on the guaranty, rather than have applied most of such credit to other indebtedness of Ehrhardt.

It is a general rule that...

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