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JOHN DEERE CO. v. BABCOCK

No. 76-654.

89 Wis.2d 672 (1979)

278 N.W.2d 885

JOHN DEERE COMPANY, Plaintiff-Respondent, v. BABCOCK, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 30, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Trayton L. Lathrop, Michael J. Lawton and Isaksen, Werner, Lathrop & Heaney of Madison.

For the respondent the cause was submitted on the brief of Benjamin W. Laird and Michael, Best & Friedrich of Madison.

WILLIAM G. CALLOW, J.

The question on this appeal is whether the complaint in an action seeking recovery on a continuing guaranty must allege that the creditor gave the defendant-guarantor notice of the specific extensions of credit on which recovery is sought. Because the guaranty expressly waived such notice, we hold that the demurrer was properly overruled.

The complaint alleges that on or about September 27,...

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