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GREGORY v. SELLE

No. 98.

58 Wis.2d 367 (1973)

206 N.W.2d 147

GREGORY and wife, Respondents, v. SELLE, Appellant.

Supreme Court of Wisconsin.

Decided April 20, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Walther & Halling, attorneys, and David L. Walther and Virginia W. Sperry of counsel, all of Milwaukee, and oral argument by David L. Walther.

For the respondents there was a brief and oral argument by Henry C. Friend of Milwaukee.

WILKIE, J.

Two issues are involved on this appeal:

1. Was there a justifiable breach of contract?

2. Was the sum paid to the second real estate agent properly included as an element of damages?

Was the breach justified?

Appellant's first contention is that her refusal to fulfill the instant real estate contract was fully justified by the conduct of the Gregorys. Appellant's principal argument is that the Gregorys must be held...

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