HILKERT v. ZIMMER

No. 76-697.

90 Wis.2d 340 (1979)

280 N.W.2d 116

HILKERT, and another, Plaintiffs-Respondents, v. ZIMMER, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 29, 1979.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Lawrence J. Jost, John W. Daniels, Jr. and Quarles & Brady of Milwaukee.

For the respondents the cause was submitted on the brief of Hurth, Husting & Morgan of Cedarburg.


HEFFERNAN, J.

The trial court granted summary judgment on the claim of the plaintiffs, Rudolph and Irene Hilkert, that defendant, Michael S. Zimmer, had breached the terms of a land contract. While the contract in its totality is rather complex, the essence of the dispute concerns whether Zimmer breached his agreement when he did not pay off the mortgage on property conveyed to him by the Hilkerts.

It is alleged by the Hilkerts that, according to their written...

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