E. M. Boerke, Inc. v. Williams

The defendant on appeal, for the first time, alleges that the cause of action is fatally defective because there was a failure to allege or prove that the plaintiff was a licensed real-estate broker as required by sec. 136.11, Stats. 2

A defense of this nature cannot be raised initially in the appellate court. Berning v. Giese (1957), 274 Wis. 401, 80 N. W. (2d) 270; Discher v. Industrial Comm. (1960), 10 Wis. (2d) 637, 103 N. W. (2d) 519.

The defendant contends that this issue was raised by the general language of its motion for dismissal which included the prayer to the court that the action…