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BOZZACCHI v. O'MALLEY

No. 97-0086-FT.

211 Wis.2d 622 (1997)

566 N.W.2d 494

Gianni BOZZACCHI and Kelley Bozzacchi, Husband and Wife, Plaintiffs-Appellants, v. Thomas S. O'MALLEY and Ruth O'Malley, Husband and Wife, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 6, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Russell C. Schallert of Mihal & Steffens, S.C., of Milwaukee, and Bernard J. Westfahl of Westfahl & Westfahl, S.C., of Elm Grove.

On behalf of the defendants-respondents, the cause was submitted on the brief of David G. Kingstad of Kingstad Law Offices, S.C., of Franklin.

Before Fine, Schudson and Curley, JJ.

FINE, J.

Gianni and Kelley Bozzacchi sued Thomas S. and Ruth G. O'Malley seeking specific performance of an option to purchase real property, and damages allegedly incurred by the Bozzacchis as a result of the O'Malleys' failure to convey the property that was subject to the option. The trial court ruled on cross-motions for summary judgment that the Bozzacchis had breached an option condition and, therefore, the O'Malleys "had a right to consider that that option...

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