APPLIANCE BUYERS CREDIT CORP. v. CRIVELLO

No. 264.

43 Wis.2d 241 (1969)

168 N.W.2d 892

APPLIANCE BUYERS CREDIT CORPORATION, Plaintiff and Appellant, v. CRIVELLO, Receiver; FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF WISCONSIN; KRUEGER ENTERPRISES, INC.; SCHEDULE REALTY, INC.; HABERMAN, Register of Deeds of Milwaukee County; and THE OHIO CASUALTY INSURANCE COMPANY, Defendants and Respondents: HOWARD, Receiver of Pan American Motel, Inc., and Pan American Club, Inc., Impleaded Defendant and Respondent: KRUEGER, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 27, 1969.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry C. Friend of Milwaukee.

For the respondents First Federal Savings & Loan Association of Wisconsin and Schedule Realty, Inc., there was a brief by Werner & Goodland of Milwaukee, and oral argument by John S. Goodland.

For the respondents Clyde M. Haberman and Ohio Casualty Insurance Company there was a brief by Robert P. Russell, corporation counsel, and Gerald G. Pagel, assistant corporation counsel, both of Milwaukee, and oral argument by Mr. Pagel.

For the respondents Krueger Enterprises and William A. Krueger there was a brief by Reiske & Reiske of Milwaukee, and oral argument by Francis H. Reiske.

For the respondent Daniel W. Howard, receiver, there was a brief by Samuel Goldenberg of Milwaukee.


WILKIE, J.

Was Recording Required?

The first issue presented on this appeal is whether the denominated lease between Wilson and Pan American was required to be recorded. More specifically, the issue can be stated: Is the agreement entered into by J. D. Wilson Company, Inc., and Pan American Motel, Inc., on October 26, 1959, a true lease or is it a conditional sales contract or a chattel mortgage in the form...

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