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E. M. BOERKE, INC., v. WILLIAMS

28 Wis.2d 627 (1965)

E. M. BOERKE, INC., Respondent, v. WILLIAMS, Appellant.

Supreme Court of Wisconsin.

November 2, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Wright & Mueller, attorneys, and Donald H. Mueller of counsel, all of Milwaukee, and oral argument by Donald H. Mueller.

For the respondent there was a brief and oral argument by Donald R. Hunter of Milwaukee.

HEFFERNAN, J.

The defendant on appeal, for the first time, alleges that the cause of action is fatally defective because there was a failure to allege or prove that the plaintiff was a licensed real-estate broker as required by sec. 136.11, Stats.2

A defense of this nature cannot be raised initially in the appellate court. Berning v. Giese (1957), 274 Wis. 401<...

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