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BREITENBACH v. GERLACH

27 Wis.2d 358 (1965)

BREITENBACH, Administrator, Respondent, v. GERLACH, Appellant.

Supreme Court of Wisconsin.

April 27, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Emery Porter of Milwaukee.

For the respondent there was a brief and oral argument by Jack C. Ottenstein of Milwaukee.

HEFFERNAN, J.

The question presented, therefore, is whether the defendant's affidavit establishes a prima facie case in relation to the issues raised by the pleadings and whether the counteraffidavits of the plaintiff raise such questions of fact that they must be resolved by trial. It is our opinion that the bill of sale set forth in the defendant's affidavit is alone sufficient to not only constitute a prima...

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