Reed v. Jones
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MARQUETTE COUNTY. This was a bill in chancery to enforce the specific performance of a contract between the plaintiff, and Loyal H. Jones, relating to a sale of lands lying at the outlet of Lake Winnebago, and embracing the town of Neenah.
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APPEAL PROM CIRCUIT COURT, MARQUETTE COUNTY. This was a bill in chancery to enforce the specific performance of a contract between the plaintiff, and Loyal H. Jones, relating to a sale of lands lying at the outlet of Lake Winnebago, and embracing the town of Neenah. The bill sets forth that by an act of Congress approved March 3d, 1843, the lands on which the improvements for the benefit of the Indians had been made, was ordered to be sold under the direction of the War Department; and he made proposals to buy them. His proposals were accepted, and he deposited the amount $4,760 in the…
1Opinion of the Court
By the Court,
Whitoh, C. J.
We do not see as the verbal agreement set out in the bill, and which preceded the written contract for the sale of the land to the complainant, can be relied upon, for the purpose of controlling or varying the latter. Admitting that it has been proved as alleged in the bill, still by every sound principle of law applicable to contracts, where no fraud or mistake exists, the written contract must control. It contains the final agreement of the parties in relation to the sale of the land, and we cannot permit the alleged previous contract to vary it We shall therefore…
2Cited by2 opinions
- Hawes v. SwanzeySupreme Court of Iowa · 1904
- Reed v. JonesWisconsin Supreme Court · 1862