Vohs v. Donovan

Court of Appeals of Wisconsin

777 N.W.2d 915 (Wis. Ct. App. 2009)

If there is mutual assent by the parties as to its meaning, a contract term is defined.

Relevant Facts

Paul and Teresa Donovan (the defendants) agreed to purchase a home from Terry and Vicki Vohs (the plaintiffs). The agreement was contingent upon the plaintiff’s ability to obtain a home of their choice by February of 2007. At the time, the plaintiffs had given a counteroffer to purchase another home that was timely accepted. Although this acceptance was communicated to the defendants, the defendants failed to purchase the plaintiffs’ home.

The plaintiffs brought a breach of contract claim. The defendants moved for summary judgment on the basis that the contingency in the contract rendered the contract indefinite and illusory. The circuit court granted the defendant’s summary judgment. The plaintiffs appealed, arguing that the contingency was both definite and not illusory.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

777 N.W.2d 915 (Wis. Ct. App. 2009)