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PADGETT v. SZCZESNY

No. 85-1517.

138 Wis.2d 150 (1987)

405 N.W.2d 714

Christine P. PADGETT, Plaintiff-Respondent, v. Walter SZCZESNY and Irene Szczesny, his wife, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 12, 1987.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Janice M. Rustad and Linda Swagger Maris and Podell, Miller & Associates, S.C., of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Jonathan Lindberg of Mauston.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

Walter and Irene Szczesny appeal from a judgment requiring specific performance of a contract to sell their land to Christine Padgett and dismissing their counterclaim for trespass. The dispositive issue is whether the correspondence between the Szczesnys and Christine Padgett and her husband created a contract satisfying the statute of frauds. We conclude that the letters create a valid contract and that Padgett's entry on the property was consensual...

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