Boehlke v. Wallschlaeger

• Decision Date: 08 May 1928
• Parties: BOEHLKE ET AL. v. WALLSCHLAEGER ET AL.
• Court: Wisconsin Supreme Court

196 Wis. 570

219 N.W. 270

BOEHLKE ET AL.

v.WALLSCHLAEGER ET AL.

Supreme Court of Wisconsin.

May 8, 1928.

Appeal from a judgment of the Circuit Court for Milwaukee County; Edward T. Fairchild, Circuit Judge. Affirmed.

Action begun May 17, 1926, by Walter Boehlke, Clara Boehlke, and William Belter against John F. Wallschlaeger and others, the administrators of the estate and the heirs of Mathilda Wallschlaeger, deceased, to secure the specific performance of a contract to convey land. This appeal is from a judgment entered October 10, 1927, decreeing specific performance.M. H. Sell and Carbys & Kenney, all of Milwaukee, for appellants.

Edwin W. Knappe, of Milwaukee, for respondents.

STEVENS, J.

Chief Justice Vinje did not participate in the decision of this case. The other members of the court are equally divided in opinion upon the questions presented upon this appeal. Mr. Justice Rosenberry, Mr. Justice Eschweiler, and Mr. Justice Owen are of the opinion that the judgment should be reversed. Mr. Justice Doerfler, Mr. Justice Crownhart, and the writer are of the opinion that the judgment should be affirmed. Under the well-established rule it follows that the judgment appealed from is affirmed. Fox River Paper Co. v. Railroad Commission, 189 Wis. 626, 628, 208 N. W. 266.

Judgment affirmed.

VINJE, C. J., took no part.