Dr. Shoop Family Medicine Co. v. Schowalter
Wisconsin Supreme Court
Appeal from an order of the circuit court for Racine county: E. B. Belden, Circuit Judge. This is an action in equity, brought to compel the specific performance of a contract.
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Appeal from an order of the circuit court for Racine county: E. B. Belden, Circuit Judge. This is an action in equity, brought to compel the specific performance of a contract. The complaint charged that a contract was made between the plaintiff and the defendant, by which, for a commission of $50, to be paid, the defendant was to purchase in his own name for the plaintiff a certain described piece of real estate on the best terms possible, not exceeding a certain price, and immediately after such purchase convey the same to the plaintiff; that the-defendant purchased said property for…
1Opinion of the Court
Wirrsx<ow, J.
There can be no question but that the action. of the court appealed from in the case is an order, and not a judgment. It is true that the word “adjudged” is used in the body of the document, but upon close examination we find that all it attempts to do is to deny certain motions for findings and judgment on the ground of lack of jurisdiction. “A judgment is the final determination of the rights of the parties in the action.” Sec. 2882, Stats. 1898. That the order in question is not such a determination seems self-evident. It simply refuses to determine them. Being an order, the…
2Cases cited7 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Fox v. WilliamsWisconsin Supreme Court · 1896
- Cernahan v. ChrislerWisconsin Supreme Court · 1900
- Geiser Threshing Machine Co. v. SmithWisconsin Supreme Court · 1874
- Schnur v. HickcoxWisconsin Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- WAGNER Et Ux. v. ANDERSONUtah Supreme Court · 1952
- Bonnin v. ZuehlkeWisconsin Supreme Court · 1904
- WAGNER Et Ux. v. ANDERSONUtah Supreme Court · 1952