Tiernan v. Gibney
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Waulcesha County. Action for tlie specific performance of an oral agreement to sell and convey land, etc.
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APPEAL from tlie Circuit Court for Waulcesha County. Action for tlie specific performance of an oral agreement to sell and convey land, etc. Tlie complaint avers, in substance, that, on tlie 20th. of September, 1867, the land in question belonged to the defendant Gibney, having been sold and conveyed to him by one Bucket, who held a mortgage on it for $1,200 purchase money; that Gibney offered to sell and convey the land to plaintiff for $2,200, of which there was to be paid to Hacket enough to discharge his mortgage ; that $27 of the purchase money was to be paid down, and thereupon…
1Opinion of the CourtPaine, J.
Even if it should be conceded that there was enough in the evidence to take the contract out of *193the statute of frauds, still the plaintiff fails to establish a case for a specific performance. It is well settled that, where the proof leaves any of the essential terms of the contract doubtful, courts will not enforce a specific performance ; and such is the case here.
The whole controversy arose upon the question whether Gibney was to remain in possession of the farm until the next spring. The plaintiff claims that possession was to be given on payment. The defendants deny it, and claim that…
2Cited by5 opinions
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