Marks v. Gohlke

Richard Gohlke appeals from an order denying his sec. (Rule) 806.07(1), Stats.,1 motion for relief from a judgment. The issues are: (1) whether the sec. (Rule) 807.05, Stats.,2 requirement that stipula*752tions be in writing is satisfied where a series of letters evidencing an oral agreement do not contain an essential element of the agreement; and (2) whether sec. 806.07(1) permits relief from a judgment entered upon such an agreement. We conclude that the settlement agreement is unenforceable and the judgment must be opened. We therefore reverse and remand for further proceedings.

On September…