Washburn v. Fletcher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Action to enforce specific performance of an alleged agreement by the defendant to convey to the plaintiffs certain lands in Oconto county.
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APPEAL from the Circuit Court for Oconto County. Action to enforce specific performance of an alleged agreement by the defendant to convey to the plaintiffs certain lands in Oconto county. The complaint sets^ out at length a contract, dated January _ 25, 1875, executed by the defendant under seal, wherein he covenanted and agreed to sell and' convey to the plaintiffs and one J. B. Davis the undivided nme-sixteentlis of 8,889 acres of land, to be selected by them on or before July 1st in the same year, from any lands described in a certain patent executed by the state of "Wisconsin to him…
1Opinion of the CourtLyoN, J.
I. The issues of fact made by the answer of the defendant and the proofs, are few and easily disposed of.
1. The defendant took issue upon the averment in the complaint that Davis had assigned to Mrs. Bent his interest in the notes and mortgage given by the defendant for the $10,000 loaned to him by Davis and the plaintiffs. Such assignment was proved on the trial. Besides, the answer admits a tender to the defendant, when the deed was demanded, of “ the said notes and mortgage, with a good and sufficient release thereof, properly executed and acknowledged.” This admission renders it entirely…
2Cases cited4 opinions
- Vassar v. . CampNew York Court of Appeals · 1854
- Stowell v. EldredWisconsin Supreme Court · 1876
- Matteson v. ScofieldWisconsin Supreme Court · 1871
- Simmons v. JohnsonWisconsin Supreme Court · 1861
3Cited by17 opinions
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Docter v. HellbergWisconsin Supreme Court · 1886
- Gifford v. StraubWisconsin Supreme Court · 1920
- Peckham v. LaneSupreme Court of Kansas · 1910
- Calder v. Third Judicial District CourtUtah Supreme Court · 1954
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