2008AP1735 Ash Park, LLC, v. Alexander & Bishop, Ltd.

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Property
Breach; specific performance

A court has discretion to order specific performance when a buyer breaches a contract for the purchase of real property.

"Wisconsin law is consistent with the general rule across jurisdictions. Courts have traditionally awarded specific performance of a contract for the sale of land without a prerequisite that the non-breaching party demonstrate that legal damages would be inadequate. Restatement (Second) of Contracts § 360 cmt. e (1981) ('Contracts for the sale of land have traditionally been accorded a special place in the law of specific performance. . . . [T]he seller who has not yet conveyed is generally granted specific performance on breach by the buyer.'); Edward Yorio, Contract Enforcement: Specific Performance and Injunctions 281 (1989) ('Traditionally, when a buyer reneged on a promise to purchase realty, specific performance was almost universally available to remedy the breach.')."

Affirmed and Remanded.

2008AP1735 Ash Park, LLC, v. Alexander & Bishop, Ltd.

Bradley, J.

Attorneys: For Appellant: Marone, Douglas K., Oshkosh; McDermott, J. T., Oshkosh; Davis, Jeffrey Oxford, Milwaukee; Bailey-Rihn, Valerie, Madison; Bowen, Freya K., Madison; For Respondent: Burnett, R. George, Green Bay; Blaney, Patrick M., Green Bay

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