Bardon v. Hartley
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Jr., Circuit Judge. This is an action in equity for tbe purpose of obtaining a judgment decreeing tbe plaintiff to be tbe owner' of an undivided one-balf of 160 acres of valuable mining lands in tbe county of Iron, in this state, tbe title to which is now in tbe defendant Billings.
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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Jr., Circuit Judge. This is an action in equity for tbe purpose of obtaining a judgment decreeing tbe plaintiff to be tbe owner' of an undivided one-balf of 160 acres of valuable mining lands in tbe county of Iron, in this state, tbe title to which is now in tbe defendant Billings. Prior to December 12,1895, tbe record title to the lands in question was in one Emmeline E. Yaugbn, and on that day she contracted to sell the same to the defendant Nelson for §20,000, which sale was consummated by a deed February 24,…
1Opinion of the CourtWinslow, J.
We have carefully examined the evidence, and are satisfied that the findings are fully supported thereby, *80and hence the question for decision is simply whether the judgment is supported by the findings. This question also must be .answered in the affirmative. The court having found that no complete contract, either oral or written, was ever entered into between Bardon and Hartley with reference to the purchase of the lands, there can, of course, be no decree for specific performance. The court will not make a contract for the parties.
The only other ground upon which the plaintiff can claim…
2Cases cited1 opinion
- Cutler v. BabcockWisconsin Supreme Court · 1892
3Cited by4 opinions
- Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941
- Will of Jaeger v. LademanWisconsin Supreme Court · 1935
- Dixon Shoe Co. v. MoenWisconsin Supreme Court · 1932
- Stein v. SorefWisconsin Supreme Court · 1949