Arthur v. Brendel

Ronald A. Arthur and Kathleen M. Arthur appeal from an order dismissing their complaint against John Keith Brendel, State Surety Company, and Cora G. Nelson, and from a judgment entered by the trial court awarding State Surety and Nelson frivolous-action fees under section 814.025, Stats. We reverse.

I

This dispute arises out of a land contract between Roy W. Nelson and his wife Cora G. Nelson as vendors, and the Arthurs as vendees. After several years, the Arthurs stopped making payments on the land contract. The Nelsons sought to foreclose, and, as permitted by the terms of the land contract,…