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MUTUAL FEDERAL S. & L. v. AMERICAN MED. SERVICES

No. 205.

66 Wis.2d 210 (1974)

223 N.W.2d 921

MUTUAL FEDERAL SAVINGS & LOAN ASSOCIATION, Appellant, v. AMERICAN MEDICAL SERVICES, INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Frisch, Dudek, Slattery & Denny, attorneys, and Edward A. Dudek, Robert D. Scott and James D. Friedman, of counsel, all of Milwaukee, and oral argument by Edward A. Dudek.

For the respondents there was a brief by Godfrey & Kahn, S. C., attorneys and Gerald J. Kahn, James Ward Rector and William B. Graves, of counsel, all of Milwaukee, and oral argument by Gerald J. Kahn and Mr. Graves.

ROBERT W. HANSEN, J.

The validity of a "due on sale" provision in a mortgage was upheld in the Wire Works Case.1 As to an acceleration clause, phrased in the exact language of the provision involved in the case before us, this court held such "`due . . . if . . . convey [ed] away . . . or if the title thereto shall become vested in any other'" clause not to be against public policy and held it to be ". . . enforceable as a contractual...

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