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CEDARBURG L. & W. COMM. v. GLENS FALLS INS. CO.

Nos. 167, 168.

42 Wis.2d 120 (1969)

166 N.W.2d 165

CEDARBURG LIGHT & WATER COMMISSION, Respondent, v. GLENS FALLS INSURANCE COMPANY and another, Appellants. [Two cases.]

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kenneth M. Kenney and Wolfe, O'Leary, Kenney & Wolfe of Milwaukee, and oral argument by Kenneth M. Kenney.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and A. W. Kivett and John M. Swietlik of counsel, all of Milwaukee, and oral argument by A. W. Kivett.

CONNOR T. HANSEN, J.

The rules under which this court approaches questions on summary judgment are well established and no useful purpose will be served by again restating them.1

The pleadings reflect that the case is predicated upon breach of contract—the breach being the defendants' failure to indemnify under the terms of the fire insurance contracts.

This case is not...

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