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ALL ELECTRIC SERVICE, INC. v. MATOUSEK

No. 87.

46 Wis.2d 194 (1970)

174 N.W.2d 511

ALL ELECTRIC SERVICE, INC., Appellant, v. MATOUSEK, Respondent.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Jasper, Winner, Perina & Rouse and Donald R. McCallum, all of Madison, and oral argument by Mr. McCallum.

For the respondent there was a brief by Cross, Langer & Krainik and Clyde C. Cross, all of Baraboo, and oral argument by Clyde C. Cross.

WILKIE, J.

Three issues are raised on this appeal involving the trial court's dismissal of plaintiff's action following the denial of plaintiff's motion for judgment on the pleadings.

1. Did the denials in defendant's answer constitute negative pregnants and as such were they insufficient to raise any issues in defense to plaintiff's cause of action?

2. Were the affirmative defenses in defendant's answer...

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