GAUGERT v. DUVE

No. 98-3004.

233 Wis.2d 190 (2000)

2000 WI App 34

607 N.W.2d 310

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

Court of Appeals of Wisconsin.

Decided January 26, 2000.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Raymond E. Krek and J. Paul Neumeier, Jr. of Krek & Associates, S.C. of Jefferson. Oral argument was by Raymond E. Krek.

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

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

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


¶ 1. ANDERSON, J.

Daniel P. and Gayle J. Gaugert seek to overturn the circuit court's conclusion that they abandoned their right to specific performance of an option to purchase real estate. They are appealing the court's decision that it could not order the third-party purchaser of real estate to convey it to the Gaugerts. We dismiss this appeal because the conveyance to the third party of the real estate, that is the subject of the litigation, makes it impossible...

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