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McLELLAN v. CHARLY

No. 2007AP1120.

758 N.W.2d 94 (2008)

2008 WI App 126

Richard G. McLELLAN, Rick Bogle, and Primate Freedom Project, Plaintiffs-Respondents-Cross-Appellants v. Roger L. CHARLY, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 17, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Allen A. Arntsen, Michael S. Heffernan, and Theresa A. Andre of Foley & Lardner LLP, Madison, and Jon C. Manzo, of counsel, Middleton.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Kendall W. Harrison and Steven A. Heinzen of Godfrey & Kahn, S.C., Madison.

Before DYKMAN, VERGERONT and BRIDGE, JJ.

¶ 1 VERGERONT, J.

Roger L. Charly appeals the circuit court's order that he convey certain real estate to Richard McLellan pursuant to an option to purchase. The circuit court concluded that leaseback and repurchase provisions in the agreement between Charly and McLellan constituted consideration for the option and Charly breached the agreement by revoking the option before the expiration of the specified time period. Charly contends there was no consideration...

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