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MARTH v. EDWARDS

No. 90-0967.

159 Wis.2d 773 (1990)

465 N.W.2d 248

William J. MARTH and June Marth, his wife, Plaintiffs-Counter Claimants-Defendants, v. William A. EDWARDS and Violet Edwards, his wife, Defendants-Counter Claimants-Cross Claimants-Plaintiffs-Appellants, Arthur W. GUENTHER, Jr., Defendant-Cross Claimant-Defendant, VALLEY BANK OF KEWASKUM and Washington County, Defendants, v. Robert A. SWOBODA, individually and as a partner of the Greenbriar Partnership, Additional-Counter Claimant-Cross Claimant-Defendant, David DOERR, Lee A. Doerr, Jr., Brian Zimmermann and James Brzezinski, individually and as partners of the Greenbriar Partnership, Additional-Counter Claimants-Cross Claimants-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 19, 1990.

Attorney(s) appearing for the Case

On behalf of the defendants-counter claimants-cross claimants-plaintiffs-appellants, the cause was submitted on the briefs of Brian T. Rogga of Fellows, Piper & Schmidt of Milwaukee.

On behalf of the additional-counter claimants-cross claimants-defendants-respondents, the cause was submitted on the brief of Susan LaCava, Henry J. Loos and Samuel J. Recht of Quarles & Brady of Milwaukee.

Before Nettesheim, P.J., Brown and Scott, JJ.

BROWN, J.

The question on appeal is: When it is alleged that a partnership agreed to purchase real estate, but there was no express authority of the alleged agent to bind the partnership to a contract to purchase real estate and the partnership was not identified in the contract or by the alleged agent's signature, did the trial court correctly dismiss the case against the partnership under the statute of frauds, particularly sec. 706.03(1), Stats.? We hold that the...

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