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WIPFLI v. BEVER

37 Wis.2d 324 (1967)

WIPFLI, Appellant, v. BEVER and others, Respondents.

Supreme Court of Wisconsin.

December 22, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by John W. Kelley and Roy T. Traynor, both of Wausau, and oral argument by Mr. Traynor.

For the respondents there was a brief by Smith, Harlow & Knab and Patrick J. Harlow, all of Manitowoc, and oral argument by Patrick J. Harlow.

CURRIE, C. J.

The sole issue on this appeal is whether defendant Bever's bond issued to Clintonville is assignable. If it is, then Wipfli, as Clintonville's assignee, is entitled to foreclose the mortgage given to secure performance of the bond.

While the bond from Bever to Clintonville contained no language that it ran to Clintonville's assigns, the mortgage securing the same contained this clause:

"Provided always, and these presents are upon this...

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