MAY v. RISCHE CONSTRUCTION CO.


1 Wis.2d 363 (1957)

MAY and another, Appellants, vs. RISCHE CONSTRUCTION COMPANY and another, Respondents.

Supreme Court of Wisconsin.

June 26, 1957.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Robert S. McCormack of Milwaukee.

For the respondents there was a brief by Affeldt & Lichtsinn, and oral argument by Eldred Dede, all of Milwaukee.


BROWN, J.

Although the briefs discuss at length the requirements of the statute of frauds and the conditions, such as partial performance, under which equity may decree specific performance of agreements whose form does not satisfy that statute, the facts here seem to us to determine this dispute before questions involving the statute are reached. The memoranda-receipts of March 8th and March 24th did not and were not considered by the parties to express their entire...

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