Legal Opinion

Honzik v. Delaglise

Wisconsin Supreme Court

Decided March 16, 1886PublishedCited by 8 opinions

APPEAL from tbe Circuit Court for Manitowoc County. The following statement of the case was prepared by Mr. Justice Cassoday: This is a bill in equity filed May 25, 1883, to compel the defendant Mary Delaglise, and those claiming under her, to specifically perform an oral contract made by her June 1, 1819, and by which she agreed to sell and convey to the plaintiff Mcvry Honzik the premises in question, situated in the village of Antigo.

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APPEAL from tbe Circuit Court for Manitowoc County. The following statement of the case was prepared by Mr. Justice Cassoday: This is a bill in equity filed May 25, 1883, to compel the defendant Mary Delaglise, and those claiming under her, to specifically perform an oral contract made by her June 1, 1819, and by which she agreed to sell and convey to the plaintiff Mcvry Honzik the premises in question, situated in the village of Antigo. All the defendants answered separately. There is no bill of exceptions. Upon the trial the court found, in effect, (1, 15) that June 1, 1819, Mary Delaglise…

1Opinion of the CourtCassoday, J.

Tbe case is anomalous. Tbe parol agreement for tbe lots was made, and tbe vendee went into tbe immediate and exclusive possession under it, with tbe consent and in pursuance of an understanding witb the vendor, J une 1, 1879. No one pretends to have any right to or claim upon tbe lots prior or superior to those of tbe vendor at tbe time of making tbe agreement. Tbe vendee continued in such possession, and, in about two years, paid to tbe vendor the purchase price in full. She thereby became equitably entitled to a warranty deed from tbe vendor, which would have given her an absolute title to…

2Cases cited7 opinions

  1. Huebschmann v. McHenryWisconsin Supreme Court · 1872
  2. Kimball v. AdamsWisconsin Supreme Court · 1881
  3. Coe v. ManseauWisconsin Supreme Court · 1885
  4. First National Bank of Madison v. DammWisconsin Supreme Court · 1884
  5. Dart v. HerculesIllinois Supreme Court · 1870

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
  3. Phillis v. GrossSouth Dakota Supreme Court · 1913
  4. Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
  5. Semple v. WhortonWisconsin Supreme Court · 1887

3 more not listed; retrieve them via the Exa API.

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