STATE v. CONWAY


34 Wis.2d 76 (1967)

STATE, Respondent, v. CONWAY and wife, Appellants.

Supreme Court of Wisconsin.

February 28, 1967.


Attorney(s) appearing for the Case

For the appellants there were briefs by Conway & Conway of Baraboo, attorneys, and David Bogue of Portage of counsel, and oral argument by Mr. Bogue.

For the respondent the cause was argued by Roy G. Mita, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


WILKIE, J.

Two issues are presented on this appeal:

1. Is the trial court's finding that the option was not procured by fraudulent representations contrary to the great weight and clear preponderance of the evidence?

2. Are the questions of insufficiency of the description to satisfy the statute of frauds and lack of legal authority to contract appealable where they were not relied upon as affirmative defenses in the answer of the defendants, and where...

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