Gerruth Realty Co. v. Pire
Supreme Court of Wisconsin
115 N.W.2d 557 (1962)
Relevant factsFree
Pire (defendant) agreed to buy commercial property from Gerruth (plaintiff), tendering a $5,000 promissory note as down payment, with the deal contingent "upon the purchaser obtaining the proper amount of financing"; when Pire couldn't obtain acceptable financing and Gerruth's own offer to finance the whole deal was declined, the sale fell through. Gerruth sued for payment on the promissory note; the trial court dismissed the complaint, and Gerruth appealed.
IssueFree
Whether, under Wisconsin law, an ambiguous contract provision renders a contract void and unenforceable when the intent of the parties cannot be determined from the language of the contract and extrinsic evidence.