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OLSEN v. ORTELL

264 Wis. 468 (1953)

OLSEN and wife, Respondents, vs. ORTELL, by Guardian, Appellant.

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Foley & Foley, and oral argument by Rex Capwell, Jr., all of Racine.

For the respondents there was a brief and oral argument by Arthur H. Strochan of Antigo.

FAIRCHILD, J.

The facts alleged in the respondents' complaint and admitted by appellant's demurrer show that Katherine A. Ortell never had and that she does not claim to have an interest adverse to the plaintiffs arising out of the contract which is the basis of this litigation. She was in no sense of the word a party to the transaction, and as her husband's interest or rights under the contract never ripened into an estate...

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