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ZUELKE v. GERGO

258 Wis. 267 (1951)

ZUELKE, Respondent, vs. GERGO and another, Appellants.

Supreme Court of Wisconsin.

January 9, 1951.

Attorney(s) appearing for the Case

Paul D. Kain of Milwaukee, for the appellant Maria Gergo.

Edward T. Berkanovic of Milwaukee, for the appellant Peter Maretich.

For the respondent there was a brief by Paul, Ebert, Paul & Kuswa of Milwaukee, and oral argument by Mr. Kuswa.

FAIRCHILD, J.

There is a distinction pointed out by the cases between a breach of promise to do a thing and a breach of promise as to the time when it shall be done. Courts "have treated stipulations as to time as subsidiary and of less importance than the thing promised. . . . If on interpretation of the contract, the court finds that the defendant is not protected by any express limitation or condition or by...

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