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FELLENZ v. GONRING

No. 82-1331.

113 Wis.2d 228 (1983)

335 N.W.2d 884

James G. FELLENZ and Jane M. Fellenz, Plaintiffs-Respondents, v. Alan V. GONRING, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 18, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Daniel L. Sargeant of Schloemer, Schlaefer, Alderson, Seefeldt & Spella, S.C. of West Bend.

For the plaintiffs-respondents the cause was submitted on the brief of John N. Gunderson of Chase, Olsen, Kloet & Gunderson of Sheboygan.

BROWN, J.

The sole issue in this case is whether a vendor under a land contract, upon a judgment for strict foreclosure, may recover reasonable attorney fees and costs from the defaulting vendee. Because the land contract expressly placed responsibility for fees upon the vendee and such a provision is not contrary to law or equity, we conclude a vendor may, in addition to recovery of the mortgaged property through strict foreclosure, enforce liability for reasonable...

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