296 N.W. 66
Supreme Court of Wisconsin.January 7, 1941 —
April 15, 1941.
APPEAL from a judgment of the circuit court for Brown county: AROLD F. MURPHY, Circuit Judge, Presiding Affirmed.
Action by Harry R. Nick against American Lumber
Manufacturing Company for reformation and specific
Page 380
performance commenced September 24, 1936. From a judgment for defendant entered February 26, 1940, the plaintiff appeals.
For the appellant there was a brief by McCormick Thiele
of Green Bay, and oral argument by Arthur A. Thiele an Victor McCormick.
For the respondent there was a brief by Strehlow Cranston of Green Bay, and oral argument by Max H. Strehlow.
The following opinion was filed February 4, 1941:
FOWLER, J.
Chief Justice ROSENBERRY and Justices FAIRCHILD and WICKHEM are of opinion that the judgment should be affirmed. Justices FRITZ and MARTIN and the writer are of opinion that it should be reversed. Justice NELSON takes no part. This situation results in an affirmance of the judgment. Faust L. Co. v. Industrial Comm. 163 Wis. 365, 157 N.W. 1103.
By the Court. — The judgment of the circuit court is affirmed.
A motion for a rehearing was denied, with $25 costs, on April 15, 1941.
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