Uploaded March 2025 | Updated September 2026, 2 weeks ago
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Vohs v. Donovan - Court of Appeals of Wisconsin
777 N.W.2d 915 (2009)
Buyer's remorse may cause a party to look for a way out of a sales contract.
In Vohses versus Donovan, the court considered a couple's attempts to escape a contract by arguing that the contract was indefinite and illusory.
On February eighteenth, Paul and Teresa Donovan signed an offer to purchase Terry and Vicky Vohs's home, and the Vohses accepted. The offer contained a contingency provision stating that the offer was subject to the Vohses, quote, obtaining home of their choice on or before February twentieth two thousand seven, unquote.
When the Vohses accepted the Donovans's offer, the Vohses had a pending counter offer to buy a new house.
That counteroffer required acceptance by February nineteenth, meaning that the Vohses would learn whether their counteroffer was accepted within the two day window provided for in the contingency provision of the Donovan's offer contract.
The Vohs's counteroffer was accepted on February nineteenth, and their broker notified the Donovan's. But the Donovans decided they no longer wanted to purchase the Vohs's home. The Vohses ultimately sold their home to another buyer, for less money.
The Vohses then sued the Donovans for breach of contract, seeking damages for their losses.
The Donovans moved for summary judgment, arguing that the offer contract was unenforceable, because it was indefinite and illusory.
The trial court agreed and granted summary judgment in the Donovans' favor. The Vohses appealed.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Vohs v. Donovan - Court of Appeals of Wisconsin
777 N.W.2d 915 (2009)
Buyer's remorse may cause a party to look for a way out of a sales contract.
In Vohses versus Donovan, the court considered a couple's attempts to escape a contract by arguing that the contract was indefinite and illusory.
On February eighteenth, Paul and Teresa Donovan signed an offer to purchase Terry and Vicky Vohs's home, and the Vohses accepted. The offer contained a contingency provision stating that the offer was subject to the Vohses, quote, obtaining home of their choice on or before February twentieth two thousand seven, unquote.
When the Vohses accepted the Donovans's offer, the Vohses had a pending counter offer to buy a new house.
That counteroffer required acceptance by February nineteenth, meaning that the Vohses would learn whether their counteroffer was accepted within the two day window provided for in the contingency provision of the Donovan's offer contract.
The Vohs's counteroffer was accepted on February nineteenth, and their broker notified the Donovan's. But the Donovans decided they no longer wanted to purchase the Vohs's home. The Vohses ultimately sold their home to another buyer, for less money.
The Vohses then sued the Donovans for breach of contract, seeking damages for their losses.
The Donovans moved for summary judgment, arguing that the offer contract was unenforceable, because it was indefinite and illusory.
The trial court agreed and granted summary judgment in the Donovans' favor. The Vohses appealed.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/vohs-v-donovan
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Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/vohs-v-donovan
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