Hall v. Bank of Baldwin
Wisconsin Supreme Court
’Appeal from an order of tbe circuit court for St. Croix county: E. W. Helms, Circuit Judge. Action for equitable relief.
Read the full summary
’Appeal from an order of tbe circuit court for St. Croix county: E. W. Helms, Circuit Judge. Action for equitable relief. Tbe complaint, aside from stating tbe corporate existence of tbe defendants, contains tbe following, in substance: October 1, 1904, defendant Wisconsin Blue Grass Land Company, having only an equitable interest under contracts from tbe owners, subject to large amounts of back taxes, unpaid purchase money, and prior mortgages, to certain lands in Wisconsin and Minnesota, agreed, in writing, to sell certain thereof (specifying land in Pine county, Minnesota) to David,…
1Opinion of the CourtMaeshauu, J.
This case, in some respects, is like Hall v. Bell, ante, p. 296. It is so in that the trial court tested the sufficiency of the complaint as one for rescission in equity. On that, as said in the former case, it is necessary that the complaint should disclose, in addition to the fact of fraud, special circumstances, in the judgment of the trial court sufficient to warrant equitable action. Appellant Could have rescinded before suit and sued at law, so there was no neces*308sity whatever to resort to equity because of the fraud alone. If there were nothing to vary that, the court had no other…
2Cases cited13 opinions
- Perry v. Board of Missions of the Protestant Episcopal Church in the DioceseNew York Court of Appeals · 1886
- Bowe v. GageWisconsin Supreme Court · 1906
- McIndoe v. MormanWisconsin Supreme Court · 1870
- Taft v. KesselWisconsin Supreme Court · 1862
- Johnson v. SwankeWisconsin Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Silfvast v. AsplundMontana Supreme Court · 1933
- Masters v. Van WartSupreme Judicial Court of Maine · 1926
- Apple v. EdwardsMontana Supreme Court · 1932
- Woteshek v. NeumanWisconsin Supreme Court · 1912
10 more not listed; retrieve them via the Exa API.