Pierce v. Signor
Wisconsin Supreme Court
Appeal from an order of the circuit court for Barron •county: A. J. Vinje, Circuit Judge. This is an appeal from an order overruling a demurrer to -defendants’ answer. The complaint claims damages on account of breach of contract.
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Appeal from an order of the circuit court for Barron •county: A. J. Vinje, Circuit Judge. This is an appeal from an order overruling a demurrer to -defendants’ answer. The complaint claims damages on account of breach of contract. Defendants answered denying generally the allegations of the complaint, and admitting that they entered into a contract bearing date February 16, 1906, which is the contract attempted to be set up in the plaintiffs’ complaint, but aver that said contract was not signed or executed by plaintiffs until the afternoon or evening of February 27, 1906; that it was signed…
1Opinion of the CourtKerwin, J.
As appears from the foregoing statement of facts, the contract in question was executed on the 27th day of February, 1906, and contained mutual provisions to the effect that, in case of failure of the second party (plaintiffs) to fulfil the terms of the contract, the sum of $1,000 paid thereon at the time of execution and delivery should he forfeited to the first party (defendants) and the contract he void; and, in case of failure of the first party (defendants) to fulfil the terms of the contract, the sum of $1,000 agreed to he paid by the second party should be returned to the second party…
2Cases cited3 opinions
- Schwab v. BaremoreSupreme Court of Minnesota · 1905
- Foster v. HendersonOregon Supreme Court · 1896
- Thayer v. AllisonIllinois Supreme Court · 1883
3Cited by2 opinions
- Old Colony Trust Co. v. ChaunceyMassachusetts Supreme Judicial Court · 1913
- Philadelphia Storage Battery Co. v. Mutual Tire StoresSupreme Court of South Carolina · 1931