HERMAN v. KENNARD BUICK CO.


5 Wis.2d 480 (1958)

HERMAN and another, Appellants, v. KENNARD BUICK COMPANY, Respondent.

Supreme Court of Wisconsin.

December 2, 1958.


Attorney(s) appearing for the Case

For the appellants there was a brief by Edwards & Hafner of La Crosse, for Albert DiPiazza, and by Hubert J. Schleiter of La Crosse, for Fred Herman, and oral argument by Mr. Roger W. Hafner and Mr. Schleiter.

For the respondent there was a brief and oral argument by R. E. Nietsch of La Crosse.


HALLOWS, J.

The only issue is whether the plaintiffs state a cause of action. The plaintiffs argue the nature of the suit is for relief against a forfeiture for the nonpayment of rent. The respondent argues that no equitable grounds are alleged to permit a court of equity in its sound discretion to enjoin the enforcement of the unlawful-detainer judgment because DiPiazza had an adequate remedy at law in the unlawful-detainer action and has failed to appeal from that...

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