KURTH v. HAUSER


262 Wis. 325 (1952)

KURTH and others, Respondents, vs. HAUSER and another, Appellants.

Supreme Court of Wisconsin.

November 5, 1952.


Attorney(s) appearing for the Case

Walter J. Steininger and Benjamin S. True, both of Milwaukee, for the appellants.

For the respondents there was a brief by von Briesen & von Briesen, attorneys, and Ralph M. Hoyt of counsel, and oral argument by Mr. Hoyt and Mr. George F. Redmond, all of Milwaukee.


GEHL, J.

Defendants contend, first, that since the contract is for the sale of personal property, plaintiffs are not entitled to specific performance. It is true that ordinarily a party will not be compelled to specifically perform a contract for the sale of shares of corporate stock. There are exceptions to the rule, however. If the shares cannot be readily secured in the market specific performance is allowed. 3 Williston, Sales (rev. ed.), p. 329, sec. 602. See...

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