Kendall v. Frey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The action was- brought against the mayor’ city clerk, city treasurer, and aldermen of the city of Hartford, and against the city itself, to compel the specific performance of a contract to erect a city hall upon a lot which had been sold and conveyed to the city for that purpose by the plaintiffs, and to restrain the erection of such building upon another site.
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APPEAL from the Circuit Court for Washington County. The action was- brought against the mayor’ city clerk, city treasurer, and aldermen of the city of Hartford, and against the city itself, to compel the specific performance of a contract to erect a city hall upon a lot which had been sold and conveyed to the city for that purpose by the plaintiffs, and to restrain the erection of such building upon another site. The conveyance from the plaintiffs to the city contained, after the description of the land, the following: “The second party is to construct and maintain on said premises a city…
1Opinion of the CourtCole, C. J.
If we rightly understand this case, the action is brought to enforce the specific- performance of a contract to erect a city hall and lock-up upon a lot mentioned in the complaint, and to restrain the common council from building or attempting to erect such building upon another lot. It appears from the complaint and supporting affidavits that the officers of the city, in 1887, purchased of the firm of Kendall & Go. a lot upon which to erect a city hall and lock-up. According to the conditions in the deed of conveyance, the building to be erected was to be of a certain height and constructed…
2Cases cited4 opinions
- Beck v. . AllisonNew York Court of Appeals · 1874
- Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
- Konrad v. RogersWisconsin Supreme Court · 1888
- Oregonian Ry. Co. v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Oregon · 1885
3Cited by12 opinions
- Seward v. Town of LibertyIndiana Supreme Court · 1895
- Bromberg v. Eugenotto Construction Co.Supreme Court of Alabama · 1908
- Manning v. YoungWisconsin Supreme Court · 1933
- Molacek v. WhiteSupreme Court of Oklahoma · 1912
- Sayers v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1916
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