PRICE v. ROSS

No. 28.

45 Wis.2d 301 (1969)

172 N.W.2d 633

PRICE and others, Respondents, v. ROSS, d/b/a ARTHUR MURRAY SCHOOL OF DANCING, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1969.


Attorney(s) appearing for the Case

For the appellant there were briefs by Levin, Blumenthal, Herz & Levin, and oral argument by Stephen L. Chernof and James S. Levin, all of Milwaukee.

For the respondents there was a brief by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and Laurence C. Hammond, Jr., and William A. Stearns of counsel, all of Milwaukee, and oral argument by Mr. Stearns.


WILKIE, J.

Defendant states the pleading issue raised on this appeal as follows:

In an action based upon a breach of a written agreement, which agreement provides that the same shall only be binding upon the performance of certain conditions precedent and further provides that the same shall not be assigned without obtaining the written consent of all the parties to said agreement:

(a) Must the performance...

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