2010AP1117 Serwa v. Neely, et al.

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Property
Specific performance; title contingencies

This action concerns a dispute arising under a title contingency in a contract for the purchase of vacant land. The contingency stated that, if the seller was unable to provide the buyer with certain evidence about the title within 120 days of the agreement, the buyer had the option of terminating the agreement. The seller was unable to provide this evidence within 120 days. In the buyer’s action for specific performance, the circuit court granted summary judgment in favor of the seller, concluding that the conduct of the buyer in the two months between the expiration of the 120-day time period and the filing of this action showed the buyer chose not to close under the terms of the contract. The buyer appeals.

We conclude that the only reasonable inference from the evidence is that the buyer was unwilling to close under the terms of the contract and that this unwillingness constituted an exercise of the buyer’s option to terminate the contract. We therefore affirm the grant of summary judgment dismissing the buyer’s complaint for specific performance. Not recommended for publication in the official reports.

2010AP1117 Serwa v. Neely, et al.

Dist III, Shawano County, Habeck, J., Vergeront, P.J.

Attorneys: For Appellant: Wolf, Kevin E. Wausau; Smith, Terri M., Wausau; For Respondent: Frokjer, Randy L., Merrill; McDonald, Robert E., Stevens Point

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