SKYLINE CONSTR., INC., v. SENTRY REALTY, INC.


31 Wis.2d 1 (1966)

SKYLINE CONSTRUCTION, INC., Plaintiff, v. SENTRY REALTY, INC., Defendant and Appellant: GASZAK and wife, Defendants and Respondents.

Supreme Court of Wisconsin.

May 10, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief by Sabrowsky, Raasch, Reidenbach & Miller, attorneys, and Arnold J. Gazinski and Stephen R. Miller of counsel, all of Milwaukee, and oral argument by Stephen R. Miller.

For the respondents there was a brief by Beaudry & Kershek, attorneys, and Richard D. Kaestner of counsel, all of Milwaukee, and oral argument by Mr. Kaestner.


BEILFUSS, J.

Sentry contends there are no undisputed material facts which would relieve the Gaszaks from liability under the terms of the warranty.

Sec. 270.635 (2), Stats., provides for summary judgment:

"The judgment may be entered in favor of either party, on motion, upon the affidavit of any person who has knowledge thereof, setting forth such evidentiary facts, including documents or copies thereof, as...

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