Hausmann v. Wittemann

The appellant, Wittemann, argues that the trial court was in error in failing to find that the contract was rescinded by the mutual consent of the parties. We agree with this contention, and we accordingly reverse the trial court and direct that the action for specific performance be dismissed.

We arrive at this result since a review of the record indicates the trial court’s decision is contrary to the great weight and clear preponderance of the evidence. Nehls v. Nehls (1963), 21 Wis. (2d) 231, 124 N. W. (2d) 18. Whether the contract was rescinded poses a question of fact to be determined…