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MAY v. LATHERS

257 Wis. 191 (1950)

MAY, Respondent, vs. LATHERS, Appellant.

Supreme Court of Wisconsin.

June 6, 1950.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Aberg, Bell, Blake & Conrad of Madison, and for the respondent on the brief of McGowan, Geffs, Geffs & Block of Janesville.

MARTIN, J.

Plaintiff-respondent's right to recover his down payment and other moneys does not require him to show that the contract under which he agreed to purchase appellant's land was invalid. We may assume that the contract met all legal requirements and still affirm the judgment of the trial court because of appellant's inability to perform his contractual obligations.

On March 9, 1948, plaintiff May caused to...

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