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JAMES TALCOTT, INC., v. P & J CONTRACTING CO.

27 Wis.2d 68 (1965)

JAMES TALCOTT, INC., Respondent, v. P & J CONTRACTING COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

March 16, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Grootemaat, Cook & Franke, attorneys, and John J. Ottusch of counsel, all of Milwaukee, and oral argument by Mr. Ottusch.

For the respondent the cause was submitted on the brief of Fritz & Zick of Waukesha.

FAIRCHILD, J.

The contract was one for the leasing of goods under which the lessee (P & J) agreed to pay $26,319.60 ($23,500 plus a finance fee) and the lessee had the option of becoming the owner upon full compliance with the terms of the contract.

P & J asserts that this is a conditional sale and subject to the requirements of ch. 122, Stats. Sec. 122.01 (1) provides in part:

"In this chapter `conditional sale' means ... any contract for...

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