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STATE BANK OF LA CROSSE v. ELSEN

No. 84-1905.

128 Wis.2d 508 (1986)

383 N.W.2d 916

STATE BANK OF LA CROSSE, Plaintiff-Respondent, v. Francis A. ELSEN and C. Martha Elsen, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided January 24, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Bryant Klos and Steele, Klos & Flynn—Chartered of La Crosse.

For the plaintiff-respondent the cause was submitted on the brief of Daniel E. Dunn and Smyth, Sauer, Becker, Lynch & Smyth, Ltd., of La Crosse.

Before Gartzke, P.J., Dykman, J., and Eich, J.

GARTZKE, P.J.

Francis and Martha Elsen appeal a summary judgment in favor of State Bank of La Crosse foreclosing a real estate security agreement on their home. We conclude that a genuine factual issue exists as to whether the terms of the security agreement resulted from the mutual mistake of the parties or from the bank's misrepresentation of its contents. We therefore reverse.

Section 802.08, Stats., governs...

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