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GERNER v. VASBY

No. 75-63.

75 Wis.2d 660 (1977)

250 N.W.2d 319

GERNER, Appellant, v. VASBY, and another, d/b/a VASBY FARMS GRAIN SERVICE, Respondents.

Supreme Court of Wisconsin.

Decided February 15, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief by William Haus and Kelly & Haus, and oral argument by William Haus, all of Madison.

For the respondents there was a brief by Jon P. Axelrod, Burt P. Natkins and DeWitt, McAndrew & Porter, S. C., and oral argument by John H. Lederer, all of Madison.

HEFFERNAN, J.

An action was brought by Willard E. Gerner in which he claimed that the defendants, Helmer Vasby and Joannes Vasby, doing business as Vasby Farms Grain Service, owed him a balance of $23,949.67 for corn delivered to Vasby on December 18, 1973. Vasby answered, denying that he owed the balance to Gerner and alleged as an affirmative defense that he had, on April 4, 1973, entered into an oral contract with Gerner for the future delivery of corn and that...

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