VOIGHT v. WALTERS


262 Wis. 356 (1952)

VOIGHT, Respondent, vs. WALTERS and wife, Appellants.

Supreme Court of Wisconsin.

November 5, 1952.


Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of Eberlein & Eberlein of Wausau, and Lehner & Lehner and Adolph P. Lehner, all of Oconto Falls, and for the respondent on the brief of Krueger & Fulmer of Wausau.


MARTIN, J.

This is not a proper case for declaratory judgment. Any opinion given in the present action would be advisory only, and probably of no avail. There is no allegation in the complaint that a decision is necessary in order to guide the plaintiff or that she will be guided by any such decision.

Sec. 269.56, Stats., so far as material, reads:

"(2) Any person interested under a deed, will, written contract, or other writings constituting a contract...

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