GRAND RIVER COOPERATIVE v. TERBEEST

No. 87-1801.

145 Wis.2d 173 (1988)

426 N.W.2d 68

GRAND RIVER COOPERATIVE, Plaintiff-Respondent, v. Jerold TERBEEST and Dianna Terbeest, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 4, 1988.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants the cause was submitted on the briefs of Pikofsky & Flaherty, S.C. of Milwaukee and James Brown of the University of Wisconsin — Wilwaukee, Center for Consumer Affairs.

On behalf of the plaintifff-respondent the cause was submitted on the brief of Karen A. Henell of Hennell Law Offices of Princeton.

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


NETTESHEIM, J.

Jerold and Dianna Terbeest appeal from a money judgment awarded to Grand River Cooperative (the cooperative) on an open-end credit account. The issue on appeal is whether the cooperative's failure to obtain the Terbeests' signature to a writing evidencing this consumer credit transaction, pursuant to the Wisconsin Consumer Act, sec. 422.305(1), Stats., is a fatal to the cooperative's action. The trial court...

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