Legal Opinion

John Deere Co. v. Babcock

Wisconsin Supreme Court

Decided May 30, 1979No. 76-654PublishedCited by 7 opinions

1Opinion of the Court

*674WILLIAM G. CALLOW, J.

The question on this appeal is whether the complaint in an action seeking’ recovery on a continuing guaranty must allege that the creditor gave the defendant-guarantor notice of the specific extensions of credit on which recovery is sought. Because the guaranty expressly waived such notice, we hold that the demurrer was properly overruled.

The complaint alleges that on or about September 27, 1974, Frank DeVries, president of Prairie Farm Store, Inc. (the dealer), of Elkhorn, Wisconsin, entered into an agricultural dealer agreement and a security agreement with the…

2Cases cited12 opinions

  1. John Miller Supply Co. v. Western State BankWisconsin Supreme Court · 1972
  2. Capocasa v. First National Bank of Stevens PointWisconsin Supreme Court · 1967
  3. New Home Sewing Machine Co. v. SimonWisconsin Supreme Court · 1899
  4. Klatte v. Franklin State BankWisconsin Supreme Court · 1933
  5. International Textbook Co. v. MabbottWisconsin Supreme Court · 1915

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Prize Steak Products, Inc. v. Bally's Tom Foolery, Inc., F/k/a Barnaby's Family Inns, Inc.Court of Appeals for the Seventh Circuit · 1983
  2. Maresh Sheet Metal Works v. N. R. G., Ltd.Supreme Court of Iowa · 1981
  3. Federal Deposit Insurance Corporation v. David R. ManionCourt of Appeals for the Seventh Circuit · 1983
  4. Gritz Harvestore, Inc. v. A.O. Smith Harvestore Products, Inc. v. L.H. Gruetzmacher, Third-PartyCourt of Appeals for the Third Circuit · 1985
  5. Federal Deposit Insurance v. ManionCourt of Appeals for the Seventh Circuit · 1983

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API