COXE v. MID-AMERICA RANCH & RECREATION CORP.

No. 30.

40 Wis.2d 591 (1968)

162 N.W.2d 581

COXE and wife, Respondents, v. MID-AMERICA RANCH & RECREATION CORPORATION, Appellant: PRODUCTION CREDIT ASSOCIATION, Defendant.

Supreme Court of Wisconsin.

Decided November 26, 1968.


Attorney(s) appearing for the Case

For the appellant there was a brief by John G. Barsness, attorney, and Roger G. Schnitzler of counsel, both of Madison, and oral argument by Mr. Schnitzler.

For the respondents there was a brief by Roberts, Boardman, Suhr & Curry, and oral argument by Thomas J. Sobota, all of Madison.


HANLEY, J.

The following issues are raised on this appeal:

(1) Was the failure to carry proper insurance immaterial to the land contract as a matter of law;

(2) Does the trial court have the discretion to refuse strict foreclosure on a land contract when the alleged breach of the contract is immaterial; and

(3) Is the continuance of a vendee's default for sixty days a condition precedent to the vendor's remedy of strict foreclosure?

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