Arwold v. Randall
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas ■eounty: A. J. Vinje, Circuit Judge. In 1895 one Gray traded real estate with one Bird. The latter deeded the premises conveyed by him, at the request of Gray, to one Grady, inserting in the deed the usual exception from covenants of warranty of an existing mortgage of $1,500, as to which it was declared, “Which the second party assumes as part of the purchase price.”
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Appeal from a judgment of the circuit court for Douglas ■eounty: A. J. Vinje, Circuit Judge. In 1895 one Gray traded real estate with one Bird. The latter deeded the premises conveyed by him, at the request of Gray, to one Grady, inserting in the deed the usual exception from covenants of warranty of an existing mortgage of $1,500, as to which it was declared, “Which the second party assumes as part of the purchase price.” The taking of title by Grady was,as an accommodation to Gray, and the land was afterwards conveyed by Grady to another at Gray’s request. The claim of the plaintiff is that…
1Opinion of the Court
The following opinion was filed February 2, 1904:
Dodge, J.
The conclusion of the trial court that the written and sealed satisfaction of the judgment against Mr. and Mrs. Bird released any liability for the same debt resting upon Gray and Randall is vehemently assailed, and we confess to much doubt whether it could be sustained. If Gray and Randall had validly assumed that indebtedness, they had *465become the principal debtors, and Mr. and Mrs. Bird mere sureties. Stites v. Thompson, 98 Wis. 329, 73 N. W. 744. That the release of a surety upon only partial payment discharges the entire debt as…
2Cases cited5 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Stites v. ThompsonWisconsin Supreme Court · 1898
- Gates v. AveryWisconsin Supreme Court · 1901
- Tanguay v. FelthousenWisconsin Supreme Court · 1878
3Cited by7 opinions
- Builders Lumber & Supply Co. v. Chicago Bonding & Surety Co.Wisconsin Supreme Court · 1918
- St. Norbert College Foundation, Inc. v. McCormickWisconsin Supreme Court · 1978
- Llewellyn v. ButlerMissouri Court of Appeals · 1915
- Mercantile Finance Corporation of Alabama v. ScruggsSupreme Court of Alabama · 1933
- Redhead v. Skidmore Land Co.Wisconsin Supreme Court · 1927
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