COMMERCIAL DISC. CORP. v. MILW. WESTERN BANK

No. 192.

61 Wis.2d 671 (1974)

214 N.W.2d 33

COMMERCIAL DISCOUNT CORPORATION, Respondent, v. MILWAUKEE WESTERN BANK, Appellant.

Supreme Court of Wisconsin.

Decided January 21, 1974.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Edward S. Grodin of Milwaukee.

For the respondent there was a brief by Allan Polocheck and E. H. Snyder, both of Milwaukee, and oral argument by Mr. Snyder.


WILKIE, J.

We have often stated that summary judgment is a drastic remedy and is not a substitute for demurrer, judgment on the pleadings, or a motion to make a pleading more definite and certain.1 Of course, summary judgment should not be granted where the material facts are in dispute or permit inconsistent inferences as to necessary ultimate facts.2 We have even...

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