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MATTEK v. MALOFSKY

No. 79.

42 Wis.2d 16 (1969)

165 N.W.2d 406

MATTEK, Respondent, v. MALOFSKY, d/b/a SAM MALOFSKY MOTOR COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided March 7, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

For the respondent there was a brief and oral argument by Fred A. Reiter of De Pere.

HALLOWS, C. J.

Two issues are presented on this appeal: (1) Whether the provisions of sec. 402.403, Stats.,1 are applicable to sales between merchants; and (2) whether an automobile dealer who buys a used car from another automobile dealer, who has lawful possession of the car, without obtaining or inquiring about the certificate of title to the used car is a "buyer in ordinary course of business...

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