Frey v. Etzel
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit-court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Tbis is an action to recover money paid by mistake. It was tried by tbe court. Tbe facts were as follows: Tbe parties for many years owned and lived upon neighboring farms in tbe town of Granville, Milwaukee county, tbe defendants’ farm containing somewhat more than 100 acres.
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Appeal from a judgment of tbe circuit-court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Tbis is an action to recover money paid by mistake. It was tried by tbe court. Tbe facts were as follows: Tbe parties for many years owned and lived upon neighboring farms in tbe town of Granville, Milwaukee county, tbe defendants’ farm containing somewhat more than 100 acres. In November, 1909, tbe defendants sold to a railway company a strip of land through their farm which was surveyed and staked out by the engineer of the company. The defendants met the representatives of the railway…
1Opinion of the CourtWiNslow, C. J.
The farm which was sold was well known to both parties. They both supposed it to contain something more .than seventy-five acres after the railroad parcel was taken out. They agreed that the plaintiff should purchase it and should pay therefor at the rate of $136 an acre, and their contract described it in effect as 104 acres “more or less,” excepting 28.50 acres “more or less” that day sold to the railroad company. In fact the original farm contained but 102.75 acres and the piece conveyed for railroad purposes contained 30.18 acres, leaving but 72.57 acres covered by the contract, being…
2Cases cited4 opinions
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Hosleton v. DickinsonSupreme Court of Iowa · 1879
- Richards v. MillardWisconsin Supreme Court · 1911
- Trinkle v. JacksonSupreme Court of Virginia · 1889
3Cited by1 opinion
- Wisconsin Realty Co. v. LullWisconsin Supreme Court · 1922