OLLERMAN v. O'ROURKE CO., INC.

No. 77-305.

94 Wis.2d 17 (1980)

288 N.W.2d 95

OLLERMAN, Plaintiff-Respondent, v. O'ROURKE COMPANY, INC., Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 7, 1980.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Frank J. Daily and Quarles & Brady of Milwaukee.

For the respondent the cause was submitted on the brief of James L. Walt, attorney, and Alan L. Derzon, of counsel, both of Milwaukee.


SHIRLEY S. ABRAHAMSON, J.

This appeal is from an order overruling the motion of O'Rourke Co., Inc., the seller, brought under sec. 802.06 (2) (f), Stats.,1 to dismiss Roy Ollerman's, the buyer's, amended complaint for failing to state a claim upon which relief can be granted. We conclude that the complaint states a claim, and we affirm the order of the circuit court.

I.

Because this is an appeal from an order overruling...

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