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NODOLF v. NELSON

No. 80-1661.

103 Wis.2d 656 (1981)

309 N.W.2d 397

Kenneth C. NODOLF and Sherilyn L. Nodolf, Plaintiffs-Appellants, v. Phyllis NELSON, Defendant-Respondent, Phyllis NELSON, Defendant and Third-Party Plaintiff-Respondent, William HOLMAN a/k/a Bill Holman, d/b/a Hawkeye Realty, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 28, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellants the cause was submitted on the briefs of George S. Curry and Kopp, McKichan & Geyer of Platteville.

For the defendant-respondent the cause was submitted on the brief of Michael M. Cassidy and Schneider Law Office of McFarland.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

The trial court dismissed the buyer's action against the seller for specific performance of an agreement to sell real estate. The dispositive issue is whether an agreement is enforceable after the buyer obtains financing where the buyer's obligations to perform were conditioned upon his obtaining unspecified financing. We conclude that the agreement is unenforceable.1 We therefore affirm the judgment dismissing the complaint...

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