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APPLETON STATE BANK v. LEE

33 Wis.2d 690 (1967)

APPLETON STATE BANK, Appellant, v. LEE and another, Respondents.

Supreme Court of Wisconsin.

January 31, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Herrling, Lathrop & Myse and Bollenbeck, Patterson, Froehlich, Jensen & Wylie, all of Appleton, and oral argument by Dennis W. Herrling.

For the respondents the cause was submitted on the brief of William J. Schuh of Appleton.

HANLEY, J.

The defendants argue that the failure of Kirby Company to deliver the brand-name sewing machine as specified in the conditional sales contract was a material breach of the contract.

The question here is whether there has been a substantial breach of the agreement so as to warrant rescission by the defendants.

In order to establish a breach sufficient to constitute repudiation of the entire agreement the nonperformance or breach must be substantial...

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