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HERTZ CORP. v. RED ROOSTER CHEESE CO.

No. 166.

55 Wis.2d 701 (1972)

200 N.W.2d 603

HERTZ CORPORATION, Respondent, v. RED ROOSTER CHEESE COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Becker, Kinnel, Doucette & Mattison and James R. Mattison, all of Milwaukee, and oral argument by James R. Mattison.

For the respondent there was a brief and oral argument by Burton A. Strnad of Milwaukee.

ROBERT W. HANSEN, J.

The challenge on appeal is to the trial court's sustaining in part the demurrer of plaintiff to the counterclaim of defendant. The trial court sustained the demurrer to one of five items of damage claimed in the counterclaim, relying upon a contract provision incorporated in plaintiff's complaint.

There are two things wrong with what the trial court did.

(1) A demurrer to a counterclaim...

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