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MILWAUKEE COUNTY v. MILWAUKEE YACHT CLUB

259 Wis. 554 (1951)

MILWAUKEE COUNTY, Appellant, vs. MILWAUKEE YACHT CLUB, Respondent.

Supreme Court of Wisconsin.

September 14, 1951.

November 6, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by William J. McCauley, district attorney, Oliver L. O'Boyle, corporation counsel, and Robert P. Russell, assistant corporation counsel, attorneys, and Carl B. Rix of Milwaukee of counsel, and oral argument by Mr. O'Boyle and Mr. Rix.

For the respondent there were briefs by Lines, Spooner & Quarles and Quarles, Spence & Quarles, attorneys, and Louis Quarles, Maxwell H. Herriott, and Edward H. Borgelt of counsel, all of Milwaukee, and oral argument by Mr. Herriott.

BROADFOOT, J.

The trial court decided this case solely upon the ground that the plaintiff is estopped to challenge the conditions contained in the warranty deed accepted by it. The court stated the rule as follows:

"A person cannot claim under an instrument without confirming it. He must found his claim on the whole, and cannot adopt that feature or operation which makes in his favor, and at the same time repudiate or contradict another

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