Herwig v. Enerson Eggen

Full title: Gary W. HERWIG, Plaintiff-Appellant, v. ENERSON EGGEN, a partnership…

Court: Supreme Court of Wisconsin

Date published: Mar 31, 1981

101 Wis. 2d 170 (Wis. 1981)

303 N.W.2d 669

Opinion

No. 79-1474.

Argued February 9, 1981. —

Decided March 31, 1981.

REVIEW of a decision of the Court of Appeals. Affirmed.

For the petitioner there were briefs by Ward I. Richter and Bell, Metzner Gierhart, S.C., of Madison and oral argument by Mr. Richter.

For plaintiff-appellant there was a brief by James C. Bohl and Quale, Hartmann, Bohl Evenson of Baraboo and oral argument by James C. Bohl.

For defendant and third-party plaintiff-appellant there was a brief by Bruce R. Rasmussen and Rasmussen Law Offices of Beaver Dam, and oral argument by Mr. Rasmussen.

PER CURIAM.

The court is equally divided on the question of whether the decision of the court of appeals should be affirmed or reversed, Justice Callow, Justice Coffey and Justice Steinmetz being of the opinion that the decision should be reversed; Justice Heffernan, Justice Abrahamson and Justice Day being of the opinion that the decision should be affirmed; and Chief Justice Beilfuss not having participated in this appeal. The decision is therefore affirmed.

Decision affirmed.