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SUTTER v. DEPARTMENT OF NATURAL RESOURCES

No. 150.

56 Wis.2d 376 (1972)

202 N.W.2d 24

SUTTER and wife, Respondents, v. DEPARTMENT OF NATURAL RESOURCES and others, Appellants.

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Roy G. Mita, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondents there was a brief by Cohen, Grant & Liebmann and Gregory B. Conway, all of Green Bay, and oral argument by Mr. Conway.

HANLEY, J.

The primary issue presented on this appeal is whether it was error for the trial court to grant the plaintiffs judgment of rescission.

The trial court determined that the letter sent by Main to the Sutters through their attorney on March 13, 1968, was a unilateral attempt on its part to require performance by the Sutters substantially inconsistent and different from the terms and provisions of the original contract.

There is no question...

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