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SHOEDER'S AUTO CENTER, INC. v. TESCHNER

No. 91-1579.

166 Wis.2d 198 (1991)

479 N.W.2d 203

SHOEDER'S AUTO CENTER, INC., a Wisconsin corporation, Plaintiff-Respondent, v. Thomas M. TESCHNER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 17, 1991.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Frederick J. Voss, of Rhinelander.

On behalf of the respondent, the cause was submitted on the brief of Timothy L. Vocke, of Vocke Law Office, of Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Thomas Teschner appeals a deficiency judgment against him based on his default on an installment contract he entered into for the purchase of a car. He alleges that the trial court erred by awarding a deficiency judgment in favor of Shoeder's Auto Center, Inc., because Shoeder's did not prove that it disposed of the car pursuant to sec. 425.209(1), Stats. We conclude that under sec. 425.209(1), a merchant must dispose of the goods before it is entitled to...

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