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SCHWARTZ v. EVANGELICAL DEACONESS SOCIETY

No. 176.

46 Wis.2d 432 (1970)

175 N.W.2d 225

SCHWARTZ and others, Respondents, v. EVANGELICAL DEACONESS SOCIETY OF WISCONSIN, Appellant.

Supreme Court of Wisconsin.

Decided March 31, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Michael, Best & Friedrich, attorneys, and Herman E. Friedrich and Thomas E. Obenberger of counsel, all of Milwaukee, and oral argument by Herman E. Friedrich.

For the respondents there was a brief by Lorinczi & Weiss, attorneys, and Robert K. Steuer of counsel, all of Milwaukee, and oral argument by Mr. Steuer.

ROBERT W. HANSEN, J.

The basic disagreement between the parties here is as to the exact nature of the legal rights created by the agreement between them, dated May 29, 1964, and attached to plaintiffs' complaint as Exhibit A.

The plaintiffs assert that such agreement is a conveyance, and the interest conveyed an easement.

The defendant asserts that the agreement is an executory contract, with the rights created being either a license or contract rights...

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