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MENAKO v. KASSIEN

265 Wis. 269 (1953)

MENAKO, Respondent, vs. KASSIEN and wife, Appellants.

Supreme Court of Wisconsin.

December 1, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief by Brazeau & Brazeau of Wisconsin Rapids, and oral argument by Richard S. Brazeau.

For the respondent there was a brief by Reiland & Schmidt of Wisconsin Rapids, and oral argument by Donald E. Reiland.

MARTIN, J.

Plaintiff alleges in his complaint two grounds on which he bases his right to rescind the contract: (1) Fraud and misrepresentation; (2) defendants' anticipatory breach or repudiation. Proof of either of these grounds is sufficient to establish plaintiff's case. It is therefore unnecessary to refer to the allegations of fraud and misrepresentation. The question whether defendants repudiated the contract is a question...

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