Hankwitz v. Barrett
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Lincoln county: Mabtiw L. Lueck, Judge. Action to recover the amount paid for certain stock in the Tunnel Hill Mining Company sold hy the defendant to-plaintiff and his assignors under an agreement hy the defendant to take back the stock and return the consideration paid for it if the purchaser at any time became dissatisfied therewith.
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Appeal from a judgment of the superior court of Lincoln county: Mabtiw L. Lueck, Judge. Action to recover the amount paid for certain stock in the Tunnel Hill Mining Company sold hy the defendant to-plaintiff and his assignors under an agreement hy the defendant to take back the stock and return the consideration paid for it if the purchaser at any time became dissatisfied therewith. The defendant in his answer admitted that he sold the-stock, but denied that he agreed to purchase the same back, and alleged by way of further defense as to each claim assigned to plaintiff that the latter was…
1Opinion of the CourtVietje, J.
E The proposition advanced by the defendant that the agreement to repurchase the stock, if any was made, constituted a separate contract and was void under sec. 2308, Stats. (1898), on the ground that it rested in parol and there had been no sufficient part performance to take it out of the statute, cannot be sustained. It was held in Vohland v. Gelhaar, 136 Wis. 75, 116 N. W. 869, that where stock is sold, paid for, and delivered pursuant to a transaction wherein the vendor, as a condition of the sale, agrees to repurchase it at the option of the buyer, the whole constitutes but an entire…
2Cases cited9 opinions
- Chase v. DodgeWisconsin Supreme Court · 1901
- Smith v. ColemanWisconsin Supreme Court · 1890
- Robbins v. DeverillWisconsin Supreme Court · 1865
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1898
- Vohland v. GelhaarWisconsin Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Rodriguez v. SlatteryWisconsin Supreme Court · 1972
- Griffin v. Bankers Realty Investment Co.Nebraska Supreme Court · 1920
- Korrer v. MaddenWisconsin Supreme Court · 1913
- Papenthien v. CoerperWisconsin Supreme Court · 1924
14 more not listed; retrieve them via the Exa API.