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GAUGERT v. DUVE

No. 97-0355.

217 Wis.2d 164 (1998)

579 N.W.2d 746

Daniel P. GAUGERT and Gayle J. Gaugert, Plaintiffs-Appellants, v. Howard E. DUVE and Jeffrey J. Hansen, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 25, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Raymond E. Krek and Ingrid A. Nelson of Krek & Associates, S.C. of Jefferson.

On behalf of defendant-respondent Howard E. Duve, the cause was submitted on the brief of James W. Hammes of Cramer, Multhauf & Hammes of Waukesha.

On behalf of defendant-respondent Jeffrey J. Hansen, the cause was submitted on the brief of E. Joseph Kershek of Kershek Law Offices of Milwaukee.

Before Snyder, P.J., Brown and Nettesheim, JJ.

BROWN, J.

This case concerns that part of the law known as "election of rights." At law, when a contract is missing one of the essential elements which would make it binding, it is known as an "executory" contract and a party is under no obligation to perform. But if a party "elects" to perform regardless of the contractual defect, the contract is "executed" and the party who made the election is thereafter bound. In this...

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