MUTUAL FED. S. & L. ASSO. v. WISCONSIN WIRE WKS.

No. 176 (1974).

71 Wis.2d 531 (1976)

239 N.W.2d 20

MUTUAL FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation, Respondent, v. WISCONSIN WIRE WORKS, a corporation, and another, Defendants: MEGAL DEVELOPMENT CORPORATION, a corporation, Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1976.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of James A. Urdan, John A. Casey and Quarles & Brady of Milwaukee.

For the respondent the cause was submitted on the brief of Jerry H. Friedland, James D. Friedman and Frisch, Dudek & Slattery, Ltd., all of Milwaukee.


BEILFUSS, J.

In this appeal the appellant, Megal Development Corporation, contends accelerated foreclosure should not be permitted upon the "due on sale"1 provision because the evidence established there has been no default in the payments on the note and mortgage and no impairment of security.

The basic facts are set forth in our prior opinion2 and will not be repeated here in detail. A resume of those...

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