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GAMMA TAU EDUC. FOUND. v. OHIO CAS. INS. CO.

No. 118.

41 Wis.2d 675 (1969)

165 N.W.2d 135

GAMMA TAU EDUCATIONAL FOUNDATION, Respondent, v. OHIO CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Thomas N. Klug of counsel, all of Milwaukee, and oral argument by Mr. Klug.

For the respondent there was a brief by Petrie, Stocking, Meixner & Zeisig, attorneys, and Edmond F. Zeisig of counsel, all of Milwaukee, and oral argument by Edmond F. Zeisig.

HEFFERNAN, J.

On this appeal we do not have the benefit of a memorandum decision by the trial judge, so we are unable to determine the rationale upon which he based his order. It appears, however, that the defendant's demurrer in respect to the failure to plead a cause of action is predicated upon the failure of the plaintiff to plead compliance with the conditions precedent in that contract. We are satisfied that the complaint is not defective in that regard. Since...

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