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SWEET v. BERGE

No. 82-1359.

113 Wis.2d 61 (1983)

334 N.W.2d 559

Robert J. SWEET, Helen Sweet, and Robert J. Sweet Co., Inc., Plaintiffs-Respondents, v. Philip L. BERGE, a/k/a Phillip Berge, a/k/a Phil Berge, and Betty Jo Berge, a/k/a Betty J. Berge, a/k/a Betty Berge, Defendants-Appellants, WISCONSIN VALLEY CONCRETE PRODUCTS CO., a/k/a Wisconsin Valley Concrete Products Co., Inc., c/o Glenwood M. Knorr, Reg. Agent; Krause Excavating, Inc.; Winner, McCallum, Hendee & Wixson, a Wisconsin general partnership consisting of John D. Winner, Donald R. McCallum, Kirby Hendee and Robert G. Wixson; Jay Mar, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided April 19, 1983.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Koritzinsky, Neider, Langer & Roberson and Linda S. Balisle of Madison.

For the respondents the cause was submitted on the brief of Stuart C. Herro, Jon P. Axelrod and DeWitt, Sundby, Huggett & Schumacher, S.C., of Madison.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Philip and Betty Jo Berge appeal from an order making a judgment of strict foreclosure of a land contract absolute. The Berges contend that their failure to receive notice of the redemption period substantially prior to its expiration violated their right to procedural due process under the fourteenth amendment to the United States Constitution. The Berges also assert that since the redemption period ended on a...

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