McFarlane v. Dixon
Wisconsin Supreme Court
Appeal from a judgment of the' circuit court for Rock county: George Grimm, Circuit Judge. Defendants agreed to sell to plaintiff two lots in the city of Janesville for $2,000. In the written contract,- dated May, 1919, the lots were referred to as “lots 8 and 9, . . . the said premises belonging to W. J. McIntyre, deceased, and the said parties of the first part being residuary legatees and devisees under the will of W. J. McIntyre, deceased, and this agreement to be…
Read the full summary
Appeal from a judgment of the' circuit court for Rock county: George Grimm, Circuit Judge. Defendants agreed to sell to plaintiff two lots in the city of Janesville for $2,000. In the written contract,- dated May, 1919, the lots were referred to as “lots 8 and 9, . . . the said premises belonging to W. J. McIntyre, deceased, and the said parties of the first part being residuary legatees and devisees under the will of W. J. McIntyre, deceased, and this agreement to be carried out upon the completion of the probate of the estate of W. J. McIntyre and upon the furnishing of abstracts showing…
1Opinion of the CourtJones, J.
There are certain important facts in this case as to which there is no dispute. The defendants believed that they had the right h> make the contract as the residuary legatees under the will and that they could convey good title. *655The facts that both lots had been included in the inventory of the deceased and that for some years he had been paying the taxes on the lots, with such other facts as came to their knowledge, were circumstances well adapted to raise the belief that they were within their rights in making the contract.
When plaintiff brought the action for. specific performance he knew…
2Cases cited7 opinions
- Messer v. OestreichWisconsin Supreme Court · 1881
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Docter v. HellbergWisconsin Supreme Court · 1886
- Wright v. YoungWisconsin Supreme Court · 1858
- Arentsen v. MorelandWisconsin Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Southern Colonization Co. v. Circuit Court for St. Croix CountyWisconsin Supreme Court · 1925
- READY SAND AND GRAVEL COMPANY v. CornettNebraska Supreme Court · 1969
- Milkes v. SmithCalifornia Court of Appeal · 1949
- James L. Callan, Inc. v. Estfred Corp.Wisconsin Supreme Court · 1963
- Alley v. PeesoMontana Supreme Court · 1930