METROPOLITAN S. & L. ASSO. v. ZUELKE'S, INC.

No. 178.

46 Wis.2d 568 (1970)

175 N.W.2d 634

METROPOLITAN SAVINGS & LOAN ASSOCIATION, Respondent, v. ZUELKE'S, INC., Appellant.

Supreme Court of Wisconsin.

Decided April 3, 1970.


Attorney(s) appearing for the Case

For the appellant there was a brief by Prieve, Gerlach & Meyer of Milwaukee, and oral argument by John H. Gerlach.

For the respondent there was a brief by Usow, Teper & Weiss, and oral argument by Richard A. Victor, all of Milwaukee.


BEILFUSS, J.

The issues broadly stated are: Does a real estate mortgagee, based upon subsequent advances, have a superior lien upon property installed by a vendor who neglected to file his conditional sale contract and, if so, what is the measure of damages for wrongful repossession by the conditional sale vendor?

All transactions in this matter took place in 1963, prior to the effective date of the Uniform Commercial Code in Wisconsin, July 1, 1965. There...

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