HAUSMANN v. WITTEMANN


26 Wis.2d 482 (1965)

HAUSMANN, Respondent, v. WITTEMANN, Appellant.

Supreme Court of Wisconsin.

February 2, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Stephen O'Meara.

For the respondent there was a brief by Simester, Schowalter & Bunk of West Bend, and oral argument by T. W. Simester.


HEFFERNAN, J.

The appellant, Wittemann, argues that the trial court was in error in failing to find that the contract was rescinded by the mutual consent of the parties. We agree with this contention, and we accordingly reverse the trial court and direct that the action for specific performance be dismissed.

We arrive at this result since a review of the record indicates the trial court's decision is contrary to the great weight and clear preponderance of...

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