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SPELLMAN v. RUHDE

28 Wis.2d 599 (1965)

SPELLMAN, Appellant, v. RUHDE and others, Respondents.

Supreme Court of Wisconsin.

November 2, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Vernon Molbreak of Madison.

For the respondents there was a brief by Roberts, Boardman, Suhr & Curry, attorneys, and Thomas G. Ragatz of counsel, all of Madison, and Aberg, Bell, Blake & Metzner of Madison, and Frank & Hiller of Milwaukee, and oral argument by Mr. Ragatz.

HEFFERNAN, J.

The plaintiff alleged in his complaint that there was fraud in the 1964 agreement, and he therefore asked that that agreement be adjudged rescinded and annulled. The trial court concluded that the plaintiff was right in his contention and, on the basis of fraud, set aside the 1964 agreement. The trial court, however, held that the setting aside of the 1964 agreement revived the agreement of 1963. The plaintiff objects to this portion of the judgment...

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