KAMPMANN v. McINERNEY


258 Wis. 432 (1951)

KAMPMANN and wife, Appellants, vs. McINERNEY, Respondent.

Supreme Court of Wisconsin.

February 6, 1951.


Attorney(s) appearing for the Case

For the appellants there was a brief by Douglas & Omernik of Spooner, and oral argument by E. E. Omernik.

G. A. Hagerty of Bruce, for the respondent.


BROADFOOT, J.

Upon this appeal the plaintiffs claim that the trial court erred in finding that time was of the essence of the contract, and that the failure of the plaintiffs to deliver possession of the property on May 5, 1950, was not a breach of the contract warranting the defendant to refuse to take delivery thereof at a later date when offered by the plaintiffs.

The contract was oral. Upon the trial the parties disagreed as to the exact terms. It is clear...

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