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SUPER VALU STORES v. D-MART

No. 87-1633.

146 Wis.2d 568 (1988)

431 N.W.2d 721

SUPER VALU STORES, INC., a Delaware corporation, Plaintiff-respondent, v. D-MART FOOD STORES, INC., a Wisconsin corporation, and William C. Cahak, Defendants-Appellants, NEKOOSA PORT EDWARDS STATE BANK, a Wisconsin banking institution, Defendant.

Court of Appeals of Wisconsin.

Decided September 22, 1988.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of William A. Schroeder and Sommer, Olk & Schroeder, of Rhinelander.

For the plaintiff-respondent the cause was submitted on the brief of Herbert Terwilliger and Terwilliger, Wakeen, Piehler & Conway, S.C., of Wausau, and Rhea A. Myers and Stroud, Stroud, Willink, Thompson & Howard, of counsel, of Madison.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J., dissents.

EICH, J.

Appellant William Cahak, through his wholly-owned corporation, D-Mart Food Stores, Inc., operated a grocery store in Wisconsin Rapids under a "retail sales agreement" with the respondent, Super Valu Stores, Inc., a nationwide grocery wholesaler. Super Valu sued Cahak and D-Mart, seeking money damages on an open account for merchandise and services supplied to the store under the agreement. Cahak and D-Mart counterclaimed, asserting...

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