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MILWAUKEE PETROLEUM CO. v. GLEMBIN

No. 77-806.

89 Wis.2d 174 (1979)

278 N.W.2d 471

MILWAUKEE PETROLEUM COMPANY, Plaintiff-Appellant, v. GLEMBIN, and another, d/b/a Red Arrow DX Service.

Court of Appeals of Wisconsin.

Decided February 23, 1979.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Roy T. Traynor of Wausau.

For the defendants-respondents the cause was submitted on the brief of William A. Melby of Melby & Schiek, S.C. of Rhinelander.

Before Dean, P.J., Donlin, J., and Foley, J.

FOLEY, J.

Plaintiff's action is for collection of an open account debt and two promissory notes; one for $3,000 dated October 10, 1969 and the second for $11,733.21 dated October 29, 1975. The notes evidenced antecedent obligations which were converted from defendants' open account with plaintiff. The trial court concluded plaintiff was not entitled to judgment on the two notes. We reach the opposite conclusion and do not consider the remaining issues raised by counsel...

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