Legal Opinion

Mueller v. Nortmann

Wisconsin Supreme Court

Decided February 3, 1903PublishedCited by 17 opinions

Appeal from a judgment of tlie circuit court for Milwaukee county: Wabeen D. Tarbant, Circuit Judge. On December 3, 1901, one Ered J. Klein gaye tibe plaintiff, in consideration of $25 to bim paid, an option in writing to purchase certain described property in the city of Milwaukee, which option contained the following clause: “•In case said J. F. Mueller elects to purchase said land under this option, he is to pay at the office of Theo.

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Appeal from a judgment of tlie circuit court for Milwaukee county: Wabeen D. Tarbant, Circuit Judge. On December 3, 1901, one Ered J. Klein gaye tibe plaintiff, in consideration of $25 to bim paid, an option in writing to purchase certain described property in the city of Milwaukee, which option contained the following clause: “•In case said J. F. Mueller elects to purchase said land under this option, he is to pay at the office of Theo. Mueller, in Milwaukee, Wis., within four weeks from date thereof, forty-nine hundred and seventy-five dollars, when a warranty deed of said land shall be…

1Opinion of the CourtBasdeeN, J.

It is wholly unnecessary in this case to discuss tbe law of so-called “option contracts.” Both parties substantially agree that a mere option does not ripen into a contract, and become a binding obligation upon the grantor, unless accepted by the holder within the time limited therein, and according to its terms (Cheney v. Cook, 7 Wis. 413; Atlee v. Bartholomew, 69 Wis. 43, 33 N. W. 110), and that rights under such an option expire on the date limited, without notice or declaration of forfeiture (Cummings v. Town of Lake Realty Co. 86 Wis. 382, 57 N. W. 43; Nelson v. Stephens, 107 Wis.…

2Cases cited6 opinions

  1. Atlee v. BartholomewWisconsin Supreme Court · 1887
  2. Cheney v. CookWisconsin Supreme Court · 1859
  3. Peterson v. ChaseWisconsin Supreme Court · 1902
  4. Raesser v. National Exchange BankWisconsin Supreme Court · 1902
  5. Cummings v. Town of Lake Realty Co.Wisconsin Supreme Court · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Cowin v. SalmonSupreme Court of Alabama · 1943
  2. Bratt v. PetersonWisconsin Supreme Court · 1966
  3. Conrad Milwaukee Corp. v. WasilewskiWisconsin Supreme Court · 1966
  4. Marsh v. LottCalifornia Court of Appeal · 1908
  5. Seeburg v. El Royale Corp.California Court of Appeal · 1942

12 more not listed; retrieve them via the Exa API.

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