Gerruth Realty Co. v. Pire
In Gerruth Realty Co. v. Pire, 17 Wis. 2d 89, 115 N.W.2d 557 (1962), the defendants signed an offer to purchase property belonging to the plaintiff. See Gerruth, 17 Wis. 2d at 89-90.
The offer was made subject to "the purchaser obtaining the proper amount of financing." Id. at 90.
The dispute arose after the defendants attempted to back out of the deal citing an inability to secure satisfactory financing-even after the plaintiff and another seller offered to personally finance a large portion of the purchase price. See Gerruth, 17 Wis. 2d at 90-91.
After recognizing that an uncertain contract could be made certain by looking to the surrounding circumstances, see Gerruth, 17 Wis. 2d at 91-92, the Court found that it could not do so in that case without making the contract for the parties, and, ultimately, held the contract void for indefiniteness. See id. at 95.