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SERAPHINE v. HARDIMAN

No. 149.

44 Wis.2d 60 (1969)

SERAPHINE and wife, Appellants, v. HARDIMAN and others, Respondents.

Supreme Court of Wisconsin.

Decided September 30, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief by Snyder, Fisher, Lee & Lilly of Milwaukee, and oral argument by Edward H. Snyder.

For the respondent Helen C. Hardiman there was a brief by Hippenmeyer, Reilly, Fritz & Arenz of Waukesha, and oral argument by Richard S. Hippenmeyer.

For the respondent Laura P. Hardiman there was a brief by Lowry, Hunter & Tikalsky, and oral argument by Thomas E. Anderson, all of Waukesha.

For the respondents Center Street Fuel Company, Hardiman Oil Inc., and Elmer H. Kelling there was a brief by Hersh, Magidson & Lensky of Milwaukee, and oral argument by Arthur Magidson.

HALLOWS, C. J.

The basic issue is whether the Seraphines met their burden of proving an oral agreement for the sale of the land and easements. According to the testimony offered by Seraphine, a gravel hauler, he made an oral agreement with Hardiman Oil Company, a partnership composed of Milo and Ralph Hardiman, brothers, which was the owner of a tract of land in the village of Sussex, Wisconsin. Seraphine testified that sometime...

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