KRAUSE v. HOLAND


33 Wis.2d 211 (1967)

KRAUSE, Appellant, v. HOLAND and others, Respondents.

Supreme Court of Wisconsin.

January 3, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Fred F. Kaftan.

For the respondents Ivar Holand, Pearl Holand, Swanhild Johnson, Harold Holand, Mary Holand, and Vallee Ditchen there was a brief by Stephan & Kirkegaard of Sturgeon Bay, and oral argument by Edwin C. Stephan.

For the respondent Joseph Jungwirth there was a brief and oral argument by Thorval T. Toft of Sturgeon Bay.


GORDON, J.

When one has clearly established the terms of his contract to buy real estate, he is entitled to specific performance which is not to be denied by judicial arbitrariness. Heins v. Thompson & Flieth Lumber Co. (1917), 165 Wis. 563, 573, 163 N. W. 173. However, if the essential terms of the contract are not established with clarity, it is a proper prerogative of a court of equity to deny specific performance. In Fontaine v. Riley (1926)...

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