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VOHS v. DONOVAN

No. 2009AP507.

777 N.W.2d 915 (2009)

2009 WI App 181

Terry VOHS and Vicki L. Vohs, Plaintiffs-Appellants, v. Paul F. DONOVAN and Teresa M. Donovan, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed November 25, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Ralph E. Johnson of UAW-GM Legal Services Plan, Janesville.

On behalf of the defendants-respondents, the cause was submitted on the brief of Terrence T. Monahan of Elliott, Monahan & Associates, S.C., Beloit.

Before DYKMAN, P.J., VERGERONT and LUNDSTEN, JJ.

¶ 1 VERGERONT, J.

This dispute arises out of a residential offer to purchase that contained the phrase "offer is subject to sellers obtaining home of their choice on or before February 20, 2007," a date two days after both the buyers and the sellers signed the offer. The circuit court granted the buyers' motion for summary judgment on the ground that this phrase made the contract indefinite and illusory and therefore the buyers were not obligated to purchase...

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