Arnold v. National Bank of Waupaca
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. In 1901 and 1902 tbe defendant, a national bank, bad certain cut-over lands in Iron county, acquired in collection of indebtedness and beld by it for sale.
Read the full summary
Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. In 1901 and 1902 tbe defendant, a national bank, bad certain cut-over lands in Iron county, acquired in collection of indebtedness and beld by it for sale. Of these lands there were 20 forties in townships 42 and 43 in range 2, and 29 forties in townships 41, 42, and 43 in range 3. In 1902 the plaintiffs, or rather plaintiff Grieves, who then conducted the same business, had made some efforts to sell the lands in range 2, without success, and at about the same time was supplied with a list of the…
1Opinion of the CourtDodge, J.
Doubtless if the transaction between the defendant and the plaintiffs was a contract by the former to sell real estate to the'latter, a breach arising out of absence of title in the defendant as to which it was honestly mistaken at the time of making the contract would result in liability only for special damages, probably not including the value of the bargain which plaintiffs thereby lost. Arentsen v. Moreland, 122 Wis. 167, 99 N. W. 790. But the complaint is founded upon *365the theory of a contract of employment embodying a promise to pay an ascertainable amount for a specified service. It…
2Cases cited37 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Griswold v. . HavenNew York Court of Appeals · 1862
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
32 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Whipp v. IversonWisconsin Supreme Court · 1969
- Shepard v. PabstWisconsin Supreme Court · 1912
- Greenough v. WillcoxMichigan Supreme Court · 1927
- Schoenmann v. WhittWisconsin Supreme Court · 1908
- Stevens v. Montfort State BankWisconsin Supreme Court · 1924
15 more not listed; retrieve them via the Exa API.