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eBook details

• Title: Luccia v. Ross
• Author : State of Wisconsin in Supreme Court
• Release Date : January 04, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

In this breach of contract case concerning the sale of real property, appellant, Paul Luccia, individually and doing business as Cabot & Rowe (Luccia), appeals from the trial courts summary judgment order rendered in favor of appellee, Kathryn L. Ross. Luccia, the tenant, filed suit against Ross, the landlord, asserting that Ross refused to honor the terms of their lease agreement (the "Lease Agreement") that allowed Luccia to purchase the rental property. Luccia sought specific performance and attorneys fees. In five issues, Luccia asserts the trial court erred by (1) construing the Lease Agreement as stating a limit on the time that Luccia could exercise the option to purchase the property; (2) construing the Lease Agreement as requiring Luccia to close the sale within the term of the lease; (3) determining that the option to purchase the property was extinguished by Luccias failed attempt to purchase the property; (4) requiring a formal tender of purchase money when Luccia demonstrated that he was ready, willing, and able to purchase the property; and (5) failing to determine that it was unnecessary for Luccia to show tender of the purchase money because Ross was unwilling to sell the property at the contract price.

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