Selleck v. Griswold
Wisconsin Supreme Court
APPEAL from the Circuit Court for Door County. The case is thus stated by Plr. Justice Taylob: “ The plaintiffs brought' their action to recover the sum of $2,701.37 and interest, which, they allege they had been compelled to pay under the provisions of a contract made by the parties for the exchange of real estate situate in the city of Chicago, owned by the Griswolds, for property situated in Door county, owned by the Sellecl&s, and which, by the terms of such contract,…
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APPEAL from the Circuit Court for Door County. The case is thus stated by Plr. Justice Taylob: “ The plaintiffs brought' their action to recover the sum of $2,701.37 and interest, which, they allege they had been compelled to pay under the provisions of a contract made by the parties for the exchange of real estate situate in the city of Chicago, owned by the Griswolds, for property situated in Door county, owned by the Sellecl&s, and which, by the terms of such contract, the defendants were bound to repay to the plaintiffs. To this claim the defendants do not pretend to have made any…
1Opinion of the CourtTaylor, J.
We are clear that the matter set out in the defendants’ answer was sufficient to constitute a counterclaim; and, although it was not named a counterclaim by the defendants, they demanded judgment thereon in their favor. The plaintiffs having treated it as such by replying thereto, and, *43the case having been tried upon the theory that it was a counterclaim, it is too late to object here that it was error in the court below to enter judgment thereon in favor of the defendants, if, upon the evidence and finding, they are entitled to such judgment.
It-is urged with great ability, on the part of the…
2Cases cited7 opinions
- Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
- Cottrill v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Haas v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Davis v. Town of FarmingtonWisconsin Supreme Court · 1877
- Kearney v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Wanzer v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1900
- Voechting v. GrauWisconsin Supreme Court · 1882
- Carlson v. StrasserWisconsin Supreme Court · 1941
- Great Northern Life Ins. Co. v. SheppardCourt of Appeals of Texas · 1930
3 more not listed; retrieve them via the Exa API.