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LAUNDRY v. SCHOTT

No. 198.

54 Wis.2d 723 (1972)

196 N.W.2d 692

LAUNDRY, by Guardian ad litem, and wife, Appellants, v. SCHOTT and wife, Respondents.

Supreme Court of Wisconsin.

Decided May 2, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Rabinovitz & Sonnenburg and David Rabinovitz, all of Sheboygan, and oral argument by David Rabinovitz.

For the respondents there was a brief by Berk & Pressentin and Bernard Berk, all of Green Bay, and oral argument by Bernard Berk.

WILKIE, J.

It is clear that in reality appellants are seeking a second trial to break the April 20, 1964 contract. In the previous trial, judgment was entered requiring that the contract be specifically enforced. Hence the only issue here is whether the present action is barred by res judicata. It is.

Although appellants argue extensively that a substantial issue of fact to be tried was presented below, and thus...

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