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LONG INVESTMENT CO. v. O'DONNELL

3 Wis.2d 291 (1958)

LONG INVESTMENT COMPANY, Respondent, vs. O'DONNELL, Appellant.

Supreme Court of Wisconsin.

February 28, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Tilg & Koch of Milwaukee, and oral argument by George W. Koch, Jr.

For the respondent there was a brief by Charles L. Goldberg, attorney, and Francis X. Krembs of counsel, both of Milwaukee, and oral argument by Mr. Goldberg.

CURRIE, J.

The issues on this appeal are as follows:

(1) Is the contract void for lack of mutuality?

(2) Is time of the essence of the contract so that failure of the buyer corporation to pay the balance of the purchase price on July 1, 1953, terminated its rights under the contract?

(3) If time is not of the essence, was it necessary for either party to give notice of demand of performance to the...

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