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SCHLOTTHAUER v. KRENZELOK

274 Wis. 1 (1956)

SCHLOTTHAUER and wife, Appellants, vs. KRENZELOK and wife, Respondents.

Supreme Court of Wisconsin.

November 7, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by Schloemer, Stoltz & Merriam and Marth & Marth, all of West Bend, and oral argument by C. J. Schloemer.

For the respondents there was a brief by Lehner & Lehner of Princeton, and oral argument by Philip Lehner.

BROADFOOT, J.

In an annotation on the subject of Election of Remedies, appearing in 6 A. L. R. (2d) 15, it is stated:

"The authorities are in conflict as to whether, as a general proposition, a conclusive election of remedies is effected on the one hand by the mere commencement of a suit or on the other hand, only where the suit has been prosecuted to judgment or where elements of estoppel in pais, other than the mere commencement of the suit, are present...

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