MID-STATES UNDERWRITERS v. LEONHARD

No. 174.

48 Wis.2d 176 (1970)

179 N.W.2d 914

MID-STATES UNDERWRITERS, INC., Appellant, v. LEONHARD, d/b/a MAIN AGENCY, Respondent.

Supreme Court of Wisconsin.

Decided October 6, 1970.


Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and Maxwell H. Herriott of counsel, all of Milwaukee, and oral argument by Maxwell H. Herriott.

For the respondent there was a brief by Petersen, Axley, Brynelson & Herrick of Madison, and oral argument by James C. Herrick.


BEILFUSS, J.

We deem the issues to be:

1. Is the language of the purchase price provision of the contract clear and unambiguous?

2. Is the plaintiff entitled to reformation of the contract?

The trial court in its memorandum opinion states, in part, as follows:

"The dispute in this case involves the difference between the language of the signed contract and the language in the first written...

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