GREEN SPRING FARMS v. SPRING GREEN FARMS

No. 91-1598.

172 Wis.2d 28 (1992)

492 N.W.2d 392

GREEN SPRING FARMS, A Wisconsin General Partnership Consisting of Galen C. Hartung, Donald J. Hartung, Daniel J. Hartung, James P. Noltner, Robert J. Hartung, Randy L. Hartung, Stephen J. Hartung and John Hartung, Plaintiffs-Respondents, v. SPRING GREEN FARMS ASSOCIATES LIMITED PARTNERSHIP, A Wisconsin Limited Partnership, Defendant, Robert R. LEHMAN, General Partner, Defendant-Appellant, John G. OLIVER, General Partner, Main Bank-Chicago, n/k/a Cole-Taylor Bank, an Illinois Banking Corporation, Defendants.

Court of Appeals of Wisconsin.

Decided October 29, 1992.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Roger L. Gierhart and W. Scott McAndrew of Bell, Metzner, Gierhart & Moore, S.C. of Madison.

For the plaintiffs-respondents the cause was submitted on the briefs of Paul W. Schwarzenbart of Lee, Kilkelly, Paulson & Kabaker, S.C. of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.


SUNDBY, J.

Robert R. Lehman appeals from a judgment entered May 22, 1991, foreclosing the interest of Spring Green Farm Associates (SGFA) in a land contract between Green Spring Farms (GSF) and SGFA. Lehman is a general partner in SGFA. The judgment struck Lehman's affirmative defenses and dismissed his counterclaims for rescission of the land contract, restitution, and money damages. Lehman stipulated to entry of the judgment, subject to his right to pursue appellate...

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