Wurtz v. Fleischman

1980

Court: Wisconsin Supreme Court

Facts: Nothing new.

Posture: Just like last time, except that there's been an appeal.

Issue: Did the court of appeals exceed its authority by making factual determinations?

Holding: Yes. Remanded to the trial court to resolve issues of fact.

Rule: The trial court needs to determine whether Wurtz's act was wrongful. Threats to do something you have a legal right to do don't constitute duress.

Reasoning: The decision of the court of appeals implies that the trial court did not make all the findings of fact needed. So it should go back to them.

Dicta: