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SCHALLER v. MARINE NAT. BANK

No. 85-1331.

131 Wis.2d 389 (1986)

388 N.W.2d 645

Charles P. SCHALLER and Daniel E. Arndt, d/b/a S.P.A. Associate Builders, a Wisconsin General Partnership, Plaintiffs-Appellants, v. MARINE NATIONAL BANK OF NEENAH, a National Banking Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 2, 1986.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the briefs of Randall L. Nash and Michael J. Jassak of Habush, Habush & Davis of Milwaukee.

For the defendant-respondent, the cause was submitted on the briefs of David E. Leichtfuss and Susan R. Robertson of Michael, Best & Friedrich of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Charles P. Schaller and Daniel E. Arndt, doing business as S.P.A. Associate Builders (SPA), appeal from the summary judgment granted to Marine National Bank of Neenah, dismissing SPA's amended complaint. At issue is whether a course of dealing between the parties, in which the bank had always either honored SPA's overdrafts or called SPA before dishonoring checks to allow SPA the opportunity to cover the overdrafts, created a prospective obligation either...

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