Sprangers v. Philippi, 195

Citation190 N.W.2d 136,52 Wis.2d 403
Decision Date05 October 1971
Docket NumberNo. 195,195
PartiesJoseph SPRANGERS et al., Respondents, v. Eugene PHILIPPI et al., Appellants.
CourtUnited States State Supreme Court of Wisconsin

On November 25, 1963, the plaintiffs-respondents (husband and wife), as vendors, entered into a land contract with Eugene Philippi and Darlene Philippi (husband and wife). Under the terms of the contract the vendors sold certain lands, together with the improvements thereon, located in the town of Grand Chute, Outagamie county, for the sum of $20,250, which was to be paid off in monthly installments of $175, due on the first day of each month.

The following clause was inserted in the land contract:

'Failure to make any payments within fifteen days of their due date shall at the option of the sellers, or their legal representatives, heirs and assigns, cause the entire balance of principal and interest to become immediately due and without notice. Acceptance of any payment then and thereafter to become past due shall not constitute a waiver of any of the provisions of this contract.'

After default in monthly payments, the respondents informed the appellants that the entire balance was declared due and owing and offered to convey the premises by warranty deed upon receipt of the total amount due under the contract.

On July 18, 1969, the plaintiffs-respondents commenced the present foreclosure action of the land contract.

On January 23, 1970, the trial court rendered a memorandum opinion in which judgment was granted to the plaintiffs-respondents in accordance with the demand of the complaint. Defendants-appellants appeal.

John A. Esler, Kaukauna, for appellants.

Bachman, Cummings & McIntyre, Appleton, for respondents.

HANLEY, Justice.

The initial determination to be made in this case is whether there is an appealable judgment or order.

The notice of appeal states it is taken from a judgment. However, there is no judgment of record. The trial court's memorandum decision is an order for judgment.

An order directing the entry of judgment is not an appealable order under sec. 274.33, Stats.; Mitler v. Associated Contractors (1958), 3 Wis.2d 331, 332, 88 N.W.2d 672; Lentz v. Northwestern National Casualty Co. (1963), 19 Wis.2d 569, 120 N.W.2d 722. The reason such an order is not appealable under sec. 274.33 is that it does not prevent a judgment from which an appeal can be taken.

In State ex rel. Hernandez v. McConahey (1969), 42 Wis.2d 468, 471, 167 N.W.2d 412, 413, this court st...

To continue reading

Request your trial
8 cases
  • Wambolt v. West Bend Mut. Ins. Co.
    • United States
    • Wisconsin Supreme Court
    • 21 Marzo 2007
    ...Illinois Farmers from the action. Generally, a trial court's memorandum decision is not an appealable order. See Sprangers v. Philippi, 52 Wis.2d 403, 190 N.W.2d 136 (1971). Based on the case law, and the lack of any language specifically dismissing Illinois Farmers, it is my belief that th......
  • Hollingsworth v. American Finance Corp.
    • United States
    • Wisconsin Supreme Court
    • 28 Noviembre 1978
    ...Dumer v. State, 64 Wis.2d 590, 610-11, 219 N.W.2d 592 (1974). An order for judgment is likewise not appealable. Sprangers v. Philippi, 52 Wis.2d 403, 405, 190 N.W.2d 136 (1971). In this case there is a duly entered judgment and written orders pursuant to the court's oral pronouncements. Thi......
  • Husting v. Husting
    • United States
    • Wisconsin Supreme Court
    • 2 Marzo 1972
    ...of the plaintiff to review the decision of the circuit court, prior to judgment, is not an appealable order. See Sprangers v. Philippi (1971), 52 Wis.2d 403, 190 N.W.2d 136.2 The trial court in its opinion stated: 'Plaintiff is free to follow her own conscience or religious conviction as to......
  • State v. Omernik
    • United States
    • Wisconsin Supreme Court
    • 29 Febrero 1972
    ...far this term, six appeals have been dismissed for untimeliness, unappealability, or procedural error. They are: Sprangers v. Philippi (1971), 52 Wis.2d 403, 190 N.W.2d 136; State v. Beals (1971), 52 Wis.2d 599, 191 N.W.2d 221; Kohnke v. Department of Industry, Labor and Human Relations (19......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT