Schwartz v. Evangelical Deaconess Society of Wisconsin

The basic disagreement between the parties here is as to the exact nature of the legal rights created by the agreement between them, dated May 29, 1964, and attached to plaintiffs’ complaint as Exhibit A.

The plaintiffs assert that such agreement is a conveyance, and the interest conveyed an easement.

The defendant asserts that the agreement is an execu-tory contract, with the rights created being either a license or contract rights.

If an easement was created, the contract defenses asserted by defendant, such as absence of consideration or lack of mutuality, are inapplicable. If a license or…