NATIONAL STEEL SERV. CTR. v. WOLLIN SILOS & EQUIP.

No. 77-222.

92 Wis.2d 133 (1979)

284 N.W.2d 606

NATIONAL STEEL SERVICE CENTER, INC., Plaintiff-Appellant, v. WOLLIN SILOS & EQUIPMENT, INC., Defendant-Respondent.

Supreme Court of Wisconsin.

Decided November 6, 1979.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Roy G. Stohlman, S.C., of Appleton.

For the respondent the cause was submitted on the brief of Neupert & Wakeman, S.C., of Lake Mills.


Heffernan, J.

The principal question on this appeal is whether the failure of defendant, Wollin Silos & Equipment, Inc., to plead the defense of the statute of frauds as an affirmative defense precludes it from asserting that defense for the first time by a motion for directed verdict at the close of the case of the plaintiff, National Steel Service Center, Inc. We conclude that, under the rules of procedure applicable to this case, commenced prior to January...

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