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WEICKHARDT v. WAUWATOSA SAVINGS & LOAN

No. 80-1921.

103 Wis.2d 608 (1981)

309 N.W.2d 865

Bruce F. WEICKHARDT, Plaintiff-Appellant, v. WAUWATOSA SAVINGS & LOAN ASSOCIATION, a Wisconsin savings and loan association, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 21, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Phil Elliott, Jr., of West Allis.

For the defendant-respondent the cause was submitted on the brief of Forester, Carroll & Rupke by James G. Forester, of Brookfield.

Before Decker, C.J., Cannon, J., and Hanley, Reserve Judge.

DECKER, C.J.

The issue in this appeal is whether sec. 138.05(7), Stats., relating to interest rates, applies to a mortgage assumption agreement entered into after the statute's effective date, although the assumed mortgage was executed before the statute's effective date. We determine that it does and affirm the trial court's order dismissing the complaint.

In 1975, plaintiff's predecessors in title purchased the real estate involved in this controversy, and...

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