Thomas v. Sowards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Action to recover $900 paid upon an oral contract for the sale of land, together with damages resulting to plaintiff from defendant’s neglect to perform the contract on his part.
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APPEAL from the Circuit Court for Columbia County. Action to recover $900 paid upon an oral contract for the sale of land, together with damages resulting to plaintiff from defendant’s neglect to perform the contract on his part. The contract price of the land was $5, S00, and the complaint alleges the agreement to have been, that certain mortgage incumbrances (amounting to $2,000) should be removed, and that a tenant who was occupying the land at the time of such agreement should be dispossessed, before the balance of the purchase-money was paid, so that plaintiff, immediately upon the…
1Opinion of the CourtDixon, C. J.
I expressed my views very fully upon the statute of frauds, and the right of parties in cases within it to recover back moneys paid, in Brandeis v. Neustadtl, 13 Wis. 142. I am of the same opinion still, and my brethren are inclined to agree with me. We must accordingly hold, that, upon demand made, the plaintiff was entitled to sue for and recover back the money paid by him, unless the execution and delivery of the deed in escrow is to be regarded as taking the case out of the statute; and we think it cannot be so regarded. And especially must we hold that the plaintiff was so entitled,…
2Cases cited1 opinion
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
3Cited by17 opinions
- Taft v. TaftMichigan Supreme Court · 1886
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
- Martin v. Estate of MartinWisconsin Supreme Court · 1900
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