Raddatz v. Florence Investment Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Ohestee A. Eowleb, Judge. This is an action for specific performance under an instrument which the plaintiff contends is a contract for the sale of land and the defendant contends is a mere option to purchase within a specified time.
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Appeal from a judgment of the circuit court for Milwaukee county: Ohestee A. Eowleb, Judge. This is an action for specific performance under an instrument which the plaintiff contends is a contract for the sale of land and the defendant contends is a mere option to purchase within a specified time. The instrument is as follows : “This indenture, made this 26th day of March, 1906, by and between the Florence Investment Go. of the city and county of Milwaukee, in the state of Wisconsin, lessor, and August Baddatz of the same place, lessee. “Witnesseth, that the said lessor does hereby lease,…
1Opinion of the CourtSiebecKee, J.
Tbe contractual part of tbe lease embracing tbe agreement, whereby tbe plaintiff was given tbe privilege of purchasing tbe premises,-has features disclosing the intent of tbe parties on entering this relation. It appears therefrom tbat tbe option was based on a consideration additional to tbe $100 cash payment therein stipulated. It is expressly stated tbat, “in consideration of one hundred (100) dollars and of said rents,” tbe option is given to tbe *646lessee to purchase the premises on or before April 1, 1910, if the terms of the lease have then been performed, upon payment of the sum…
2Cases cited1 opinion
- Gates v. ParmlyWisconsin Supreme Court · 1896
3Cited by8 opinions
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Hafemann v. KorinekWisconsin Supreme Court · 1954
- Clear View Estates, Inc. v. VeitchWisconsin Supreme Court · 1975
- Kern v. KelnerNorth Dakota Supreme Court · 1951
- Milwaukee Boston Store v. KatzWisconsin Supreme Court · 1913
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