Nick v. Am. Lumber & Mfg. Co.

• Citation: 296 N.W. 66,237 Wis. 379
• Parties: NICK v. AMERICAN LUMBER & MANUFACTURING CO.
• Decision Date: 15 April 1941
• Court: United States State Supreme Court of Wisconsin

237 Wis. 379

296 N.W. 66

NICK

v.AMERICAN LUMBER & MANUFACTURING CO.

Supreme Court of Wisconsin.

Feb. 4, 1941.

Rehearing Denied April 15, 1941.

Appeal from a judgment of the Circuit Court for Brown County; Arold F. Murphy, Judge.

Affirmed.

Action by Harry R. Nick against American Lumber & Manufacturing Company for reformation and specific performance commenced September 24, 1936. From a judgment for defendant entered February 26, 1940, the plaintiff appeals.

McCormick & Thiele, of Green Bay, for appellant.

Strehlow & Cranston, of Green Bay, for respondent.

FOWLER, Justice.

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 Lumber Co. v. Industrial Comm., 163 Wis. 365, 157 N.W. 1103.

The judgment of the circuit court is affirmed.

NELSON, J., not participating.