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WALTER KASSUBA, INC., v. BAUCH

38 Wis.2d 648 (1968)

WALTER KASSUBA, INC., Appellant, v. BAUCH, Respondent.

Supreme Court of Wisconsin.

May 7, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Charles L. Goldberg and Francis X. Krembs, both of Milwaukee, and oral argument by Mr. Krembs.

For the respondent there was a brief by Howard Haberla, and oral argument by Edwin A. Star, both of Milwaukee.

HANLEY, J.

Each party contends that as a matter of law the contract must be construed in its favor.

At the outset we note that defendant's affidavit contains recitations of the pleadings and ultimate facts. This does not meet the requirement that affidavits in support of a motion for summary judgment shall state evidentiary facts. Sec. 270.635, Stats. See Weber v. Hurley (1961), 13 Wis.2d 560, 109 N.W.2d 65, and...

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