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WADSWORTH v. MOE

No. 244.

53 Wis.2d 620 (1972)

193 N.W.2d 645

WADSWORTH, Respondent, v. MOE, General Guardian, Appellant.

Supreme Court of Wisconsin.

Decided February 1, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Doar, Drill, Norman & Bakke of New Richmond, and oral argument by W. T. Doar, Jr.

For the respondent there was a brief by Ronald J. Carey of Menomonie, attorney, and Frank W. Auer of Eau Claire, of counsel, and oral argument by Mr. Auer.

WILKIE, J.

A single issue is dispositive of this appeal: Is the "Real Estate Option" void under the statute of frauds, sec. 240.08?

An option to purchase real estate which does not conform to the statute of frauds is void and a nullity.1 That statute, sec. 240.08, provides:

"Contract for lease or sale to be in writing. Every contract for the leasing for a longer period than one year or for the sale of any lands...

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