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CLEAR VIEW ESTATES, INC. v. VEITCH

No. 366.

67 Wis.2d 372 (1975)

227 N. W. 2d 84

CLEAR VIEW ESTATES, INC., Respondent, v. VEITCH and another, Appellants.

Supreme Court of Wisconsin.

Decided March 28, 1975.

Attorney(s) appearing for the Case

For the appellants there was a brief by Phillips, Richards & Mayew of Kenosha, and oral argument by Charles Richards.

For the respondent there was a brief by Schwartz, Schwartz & Roberts of Racine, and oral argument by Thomas P. Tofte of Milwaukee.

CONNOR T. HANSEN, J.

The defendants were owners of 158 acres of land in Walworth county. On June 12, 1959, the defendants entered into an agreement with Clear View which gave it an option to purchase the property at an agreed price per acre.

This agreement contained the following relevant provision:

"8. It Is Mutually Understood And Agreed, that unless the Purchaser shall pay for at least two (2) acres of land during the first year of construction...

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