GONIS v. NEW YORK LIFE INS. CO.

No. 634 (1974).

70 Wis.2d 950 (1975)

236 N. W. 2d 273

GONIS, Respondent, v. NEW YORK LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1975.


Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles & Brady, attorneys, and Peter W. Bunde, Ronald L. Wallenfang, and Peter C. Karegeannes of counsel, all of Milwaukee, and oral argument by Mr. Bunde.

For the respondent there was a brief and oral argument by Francis X. Krembs of Milwaukee.


ROBERT W. HANSEN, J.

On appeal two issues are raised by the appellant. The first is whether time is of the essence, and the second is whether respondent failed to perform conditions precedent to the arising of appellant's obligations under the commitment.

Time of the essence?

The basic dispute between the parties here is whether or not time was of the essence as to the loan being made on or before the closing date of April 15th in the commitment...

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