ABC OUTDOOR ADVT., INC., v. DOLHUN'S MAR., INC.


38 Wis.2d 457 (1968)

ABC OUTDOOR ADVERTISING, INC., Respondent, v. DOLHUN'S MARINE, INC., Appellant.

Supreme Court of Wisconsin.

April 9, 1968.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Martin J. Price of Milwaukee.

For the respondent there was a brief and oral argument by Clayton A. Cramer of Waukesha.


BEILFUSS, J.

Three issues are presented on this appeal:

1. Does the record show an oral agreement to cancel the contract?

2. May a written contract within the statute of frauds be cancelled or terminated by a subsequent oral agreement?

3. Of what effect is a provision in a written contract forbidding cancellation unless in writing?

The evidence is overwhelming that an oral agreement of cancellation was entered into by Dolhun and ABC...

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