Locke v. Bort

16 Citing cases

  1. GPM Se. v. Riiser Fuels LLC

    647 F. Supp. 3d 674 (E.D. Wis. 2022)   Cited 1 times

    To determine whether a contract embodies a condition precedent to performance, "the essential thing is for the court to look at the contract from the standpoint of the parties at the time they executed it, and the purpose they had in view in doing so." Locke v. Bort, 10 Wis.2d 585, 103 N.W.2d 555, 558 (1960) (citation omitted). A court may consider "the language used, the situation of the parties, and the subject-matter of the contract, as presented by the evidence."

  2. Kocinski v. Home Ins. Co.

    147 Wis. 2d 728 (Wis. Ct. App. 1988)   Cited 26 times
    Noting that parties must agree that a contract will arise on the satisfaction of a condition in order for the fulfilling of the alleged condition to be meaningful

    Locke v. Bort, 10 Wis.2d 585, 588, 103 N.W.2d 555, 558 (1960). As explained by Williston:

  3. Rock Hill Dairy, LLC v. Genex Coop., Inc.

    19-cv-845-wmc (W.D. Wis. Dec. 1, 2020)   Cited 1 times

    But even under plaintiff's interpretation of the contract, the additional payments were still not due until the conditions precedent were satisfied. See Locke v. Bort, 10 Wis. 2d 585, 588, 103 N.W.2d 555 (1960) ("[T]he fact upon which the condition is based must occur 'before a duty of immediate performance of a promise arises,' unless the same has been excused.") (quoting Restatement, 1 Contracts, p. 359, ยง 250(a)). And, as noted, plaintiff failed to allege in its complaint that any of the conditions precedent had occurred, nor can this court simply infer such a material allegation for plaintiff to survive a motion to dismiss.

  4. United States v. Shah

    193 F. Supp. 2d 1091 (E.D. Wis. 2002)   Cited 2 times

    A "condition precedent is an act or event, other than a lapse of time, that must exist or occur before a duty of immediate performance of a promise arises." Larri J. Broomfield, Contract Law in Wisconsin ยง 11.12 (2000) (citing Restatement of Contracts ยง 250(a) (1932)); see also Nixon v. Farmers Ins. Exchange, 56 Wis.2d 1, 4 (1972); Locke v. Bort, 10 Wis.2d 585, 588 (1960). The parties clearly contemplated that an appearance bond would be executed following the detention hearing.

  5. Woodland Realty, Inc. v. Winzenried

    262 N.W.2d 106 (Wis. 1978)   Cited 16 times
    In Woodland, the broker sued the property owners seeking a commission due under a listing contract and the property owners impleaded the prospective purchasers.

    As such, the condition operates to delay "the enforceability of the contract until the condition precedent has taken place." Locke v. Bort, 10 Wis.2d 585, 588, 103 N.W.2d 555 (1960); Restatement of Contracts, ยง 250 (a) (1932). In the instant case, the Knights' offer to purchase was clearly and unambiguously conditioned upon securing a first mortgage loan commitment for $25,700 with interest not to exceed 8 1/4% per annum, with a term of not less than 30 years, and with monthly payments not to exceed $193.09 plus a monthly pro rated share of the annual real estate taxes and insurance premium.

  6. Sprecher v. Weston's Bar, Inc.

    78 Wis. 2d 26 (Wis. 1977)   Cited 48 times
    Holding that, where lease's explicit terms required defendant to surrender liquor license to plaintiff at lease termination, plaintiff had not failed to fulfill a condition precedent to recover for breach of the lease by failing to request surrender of the license

    See also: Nixon v. Farmers Ins. Exchange, 56 Wis.2d 1, 4, 201 N.W.2d 543 (1972); Restatement, Contracts, p. 359, sec. 250; 3A Corbin, Contracts, pp. 16, 17, sec. 628. In Locke v. Bort, 10 Wis.2d 585, 588, 103 N.W.2d 555 (1960), this court said that in determining whether a clause in a contract constituted a condition precedent, it was essential for the trial court to look at the entire contract from the standpoint of the parties at the time they executed it and the purpose they had in view in doing so. The court in Locke, supra, 588, 589, quoted 3 Williston, Contracts, (rev. ed.), p. 2246, sec. 799, for the following principle: "`In each case, the intention of the parties to make the debt contingent or otherwise, must be gathered from the language used, the situation of the parties, and the subject matter of the contract, as presented by the evidence.'"

  7. Kubly v. Department of Revenue

    70 Wis. 2d 74 (Wis. 1975)   Cited 4 times
    Explaining that the question of whether to make performance " โ€˜contingent or otherwise, must be gathered from the language used, the situation of the parties, and the subject-matter of the contract, as presented by the evidenceโ€™ "

    In Scheer, the equitable owner under the contract to purchase was designated as the owner for the purposes of applying for a building permit. In Locke v. Bort (1960), 10 Wis.2d 585, 588, 589, 103 N.W.2d 555, this court determined that a condition set forth in an offer to purchase constituted a condition precedent, and in arriving at that conclusion stated: "Restatement, 1 Contracts, p. 359, sec. 250 (a), recognizes conditions precedent in contract law, and states that, when such a condition is provided, the fact upon which the condition is based must occur 'before a duty of immediate performance of a promise arises, ' unless the same has been excused.

  8. H. L. Munn Lumber Co. v. City of Ames

    176 N.W.2d 813 (Iowa 1970)   Cited 24 times

    17A C.J.S. Contracts ยง 338, page 318; 17 Am.Jur.2d Contracts, section 321, page 751; 3A Corbin on Contracts, sections 627-636; and Restatement, Contracts, section 250. But as stated in Locke v. Bort, 10 Wis.2d 585, 103 N.W.2d 555, 558, 81 A.L.R.2d 1331: "The insertion of a condition precedent in a contract does not render the same void but only delays the enforceability of the contract until the condition precedent has taken place." Furthermore any condition precedent upon sale of bonds in a lesser sum than that specified in the Memorandum of Agreement was waived or excused by defendant vendee.

  9. Price v. Ross

    172 N.W.2d 633 (Wis. 1969)   Cited 9 times
    Explaining that a condition precedent "must be performed or happen before a duty of immediate performance arises on the promise which the condition qualifies"

    "`A precedent condition in a contract is the typical kind. It must be performed or happen before a duty of immediate performance arises on the promise which the condition qualifies. . . . "`Condition precedent' is one calling for performance of some act after the contract is entered into on performance of which the obligations depend.". . .'"Id. at page 172, citing 5 Williston, Contracts (3d ed.), pp. 141-143, sec. 666A; see also Restatement, Contracts, p. 359, sec. 250; 3A Corbin, Contracts, pp. 16, 17, sec. 628. Cf. Locke v. Bort (1960), 10 Wis.2d 585, 103 N.W.2d 555. In the instant case there is no doubt, nor do the respondents question it, that paragraph 2 of the agreement sets forth express conditions which must be satisfied before the contract becomes effective and a duty of immediate performance arises.

  10. In re Adams Machinery, Inc.

    123 N.W.2d 558 (Wis. 1963)   Cited 9 times
    Stating "settled rule" that where Wisconsin adopts the language of a federal statute which has been construed by the United States Supreme Court, that construction becomes accepted in Wisconsin law

    "The title to the units did not pass to Adams merely because there was a hope upon the part of both Adams and Worthington that a lessee user of a compressor might buy the compressor ultimately. Until that stage was reached by agreement, including fixing the price therefor in advance, the relationship was only a rental one and not a sale or merchandising. Locke v. Bort, 10 Wis.2d 585. Had the transaction included a price for the unit and that the rentals or portions thereof would be applied thereon in the event that a user would exercise an option to buy it, then the situation would be different."