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DEVINE v. NOTTER

No. 2007AP812.

753 N.W.2d 557 (2008)

2008 WI App 87

Patrick B. DEVINE, Plaintiff-Respondent, v. Herman J. NOTTER and Marie T. Notter, Defendants-Appellants.

Court of Appeals of Wisconsin.

Submitted on Briefs February 28, 2008.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Timothy P. Swatek of Allen, Harrison, Williams, McDonell & Swatek, LLP of Lake Geneva.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Brian G. Nuedling of Thorpe & Christian, S.C. of Delavan.

Before BROWN, C.J., NEUBAUER and SNYDER, JJ.

¶ 1 BROWN, C.J.

Herman J. and Marie T. Notter appeal the circuit court's judgment of specific performance in favor of Patrick B. Devine. The Notters accepted Devine's offer to purchase their property, but then notified Devine ten days before closing that they would not complete the sale. They contend here, as they did in the circuit court, that the "attorney's approval" document that the parties signed rendered the entire contract between them illusory and unenforceable...

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