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PERKINS v. GOSEWEHR

No. 79-1686.

98 Wis.2d 158 (1980)

295 N.W.2d 789

Joe L. PERKINS and Sherrion Dotson, a/k/a Sherrion L. Perkins, Plaintiffs-Respondents, v. Carl L. GOSEWEHR and Ruth M. Gosewehr, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 16, 1980.

Attorney(s) appearing for the Case

For the appellants, the cause was submitted on the briefs of Thomas W. LaFave and Horth, Malm & LaFave and Quarles & Brady, of Milwaukee.

For the respondents, the cause was submitted on the brief of A. A. Hindin, of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

Joe L. Perkins and Sherrion Dotson, a/k/a Sherrion L. Perkins (Perkins), entered into a residential real estate purchase agreement with Carl L. and Ruth M. Gosewehr (Gosewehr).1 The agreement contained a financing contingency clause reading in pertinent part, "This offer is contingent upon buyer obtaining a first mortgage commitment for $52,000." We find the contract unenforceable because it is void for indefiniteness.

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