Pick Industries, Inc. v. Gebhard-Berghammer, Inc.

The instant action for declaratory judgment was an outgrowth of the litigation before us in Pick Indus*355tries, Inc., v. Gebhard-Berghammer, Inc. (1952), 262 Wis. 498, 56 N. W. (2d) 97, 57 N. W. (2d) 519.

We have an unusual situation here of having this court in its original decision on the former appeal dated Decernber 2, 1952, and in its subsequent memorandum decision on the motion for rehearing dated March 6, 1953, holding that the arbitration proceedings were statutory and not at common law, while the trial court in the instant proceedings for declaratory judgment had, some three months…