Vohs v. Donovan
Court of Appeals of Wisconsin
777 N.W.2d 915 (2009)
On February 18, 2007, Paul and Teresa Donovan (defendants) agreed to purchase a home from Terry and Vicki Vohs (plaintiffs). The agreement was contingent upon the Vohses’ ability to obtain a home of their choice by February 20, 2007. At the time, the Vohses’ had given a counteroffer to purchase another home. That counteroffer had to be accepted by February 19, 2007, and ultimately was accepted on that date. Although this acceptance was communicated to the Donovans, the Donovans failed to purchase the Vohses’ home. The Vohses brought a breach of contract claim against the Donovans. The Donovans’ moved for summary judgment on grounds that the contingency in the contract rendered the contract indefinite and illusory. The circuit court granted the Donovans summary judgment. The Vohses appealed, arguing that the contingency was both definite and not illusory.
Rule of Law
Holding and Reasoning (Vergeront, J.)
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