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AMERICAN CAS. CO. v. WESTERN CAS. & SURETY CO.

19 Wis.2d 176 (1963)

AMERICAN CASUALTY COMPANY, Appellant, v. WESTERN CASUALTY & SURETY COMPANY and another, Respondents.

Supreme Court of Wisconsin.

March 5, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kivett & Kasdorf, attorneys, and James P. Reardon and Nonald J. Lewis of counsel, all of Milwaukee, and oral argument by Mr. Reardon.

For the respondents there was a brief by Mittelstaed, Heide, Sheldon & Hartley of Kenosha, and oral argument by William A. Sheldon.

BROWN, C. J.

If any agreement of settlement of the case American Casualty Co. v. Robinson upon state terms was reached between Mr. Lewis and Mr. Sheldon that agreement clearly did not conform to the requirements of sec. 269.46 (2), Stats., essential to make the agreement binding. Evidently American Casualty recognized this for it did not even present the agreement to the circuit court and ask for judgment upon it. If it had been so presented and the statute called...

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