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GAUGERT v. DUVE

No. 98-3004.

244 Wis.2d 691 (2001)

2001 WI 83

628 N.W.2d 861

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

Supreme Court of Wisconsin.

Decided July 2, 2001.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Joseph C. Niebler, Sr. and Niebler & Muren, S.C., Brookfield, and oral argument by Joseph C. Niebler, Sr.

For the defendant-respondent Jeffery J. Hansen there was a brief by E. Joseph Kershek and Kershek Law Offices, Milwaukee, and Paul W. Schwarzenbart and Lee, Kilkelly, Paulson & Younger, S.C., Madison, and oral argument by E. Joseph Kershek.

For the defendant-respondent Howard E. Duve there was a brief (in the court of appeals) by James W. Hammes and Cramer, Multhauf & Hammes, LLP, Waukesha, and oral argument by Kathryn Gutenkunst.

¶ 1. WILLIAM A. BABLITCH, J.

Daniel and Gayle Gaugert (the Gaugerts) petition this court to review a decision by the court of appeals that denied them specific performance of an option they held to purchase real estate owned by Howard E. Duve (Duve). Duve, notwithstanding the Gaugerts' option, entered into an offer to purchase contract with Jeffery J. Hansen (Hansen). The Gaugerts sued Duve and Hansen seeking specific performance of their contract. After a trial...

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