Ewert v. Hammer

The principal contention of the defendant is that under the doctrine of Kellett v. Robie, 99 Wis. 303, 74 N. W. 781, the evidence offered and received on the trial established a mutual abandonment or rescission of the contract of marriage. In that case the plaintiff wrote the defendant: “If you desire a change, take it, and end the matter right here.” The defendant in that case acted upon the plaintiff’s proposal and it was held sufficient to work a cancellation or rescission of the contract. In this case, after a number of disagreements or disputes said by the *649defendant to number seven, the…