Kickland v. Menasha Wooden Ware Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action to recover tbe sum of $300 alleged to be due to-the plaintiff as the balance of the purchase money of a tract of land sold by him to the defendant company. The answer was a general denial. ' The facts are sufficiently stated in the opinion. There was a verdict for the plaintiff, and from the judgment thereon the defendant appealed.
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APPEAL from the Circuit Court for Portage County. Action to recover tbe sum of $300 alleged to be due to-the plaintiff as the balance of the purchase money of a tract of land sold by him to the defendant company. The answer was a general denial. ' The facts are sufficiently stated in the opinion. There was a verdict for the plaintiff, and from the judgment thereon the defendant appealed. They contended, inter alia, that a contemporaneous oral agreement for the payment of an additional sum to that specified in the deed cannot be upheld. Schermerhorn v. Vanderheyden, 1 Johns. 139; Howes v.…
1Opinion of the Court
ObtüN, J.
In 1878 one E. D. Smith was director and superintendent, and one Henry Hewitt, Jr., was director, of the defendant company. Hewitt, on behalf of the company, negotiated a bargain with the plaintiff for the purchase from him of a strip of land one rod wide, lying along the Wisconsin river, including lakes and bayous leading into the river, for rafting and booming purposes, on lots 1 and 2, in section 15, town 24, range 7 east, for the use of said company; and Smith, on behalf of said company, consummated said bargain by paying the said plaintiff down $100 and by receiving a deed of…
2Cases cited14 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Bowen v. BellNew York Supreme Court · 1823
- Belden v. SeymourSupreme Court of Connecticut · 1831
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Miller v. SmithWisconsin Supreme Court · 1981
- Jost v. WolfWisconsin Supreme Court · 1906
- Grover v. Hawthorne EstateOregon Supreme Court · 1911
19 more not listed; retrieve them via the Exa API.