Tollenson v. Gunderson
Wisconsin Supreme Court
ERROR TO THE DANE COUNTY COURT. This was an action of assnmpsit, brought by Tor-rier Tollensen, against Ole Gunderson, in the County Court of Dane county, at the May term thereof, 1853, to recover the sum of $110, and interest thereon, money had and received by the defendant, to and for the use of the plaintiff on the 27th day of November, 1849. The defendant pleaded the general issue, and a special plea of set oft' and filed a bill of particulars of such set off, upon which…
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ERROR TO THE DANE COUNTY COURT. This was an action of assnmpsit, brought by Tor-rier Tollensen, against Ole Gunderson, in the County Court of Dane county, at the May term thereof, 1853, to recover the sum of $110, and interest thereon, money had and received by the defendant, to and for the use of the plaintiff on the 27th day of November, 1849. The defendant pleaded the general issue, and a special plea of set oft' and filed a bill of particulars of such set off, upon which issue was taken. The cause was tried before the County Court at the same term aforesaid. The County Court found, for…
1Opinion of the Court
By the- Court,
Ceawboed, J.
We entertain no doubt that the plaintiff in this case, in the court below, (who is plaintiff in error here,) could maintain an action for money had and received, against the defendant, for the consideration paid by him on the purchase of the land intended to be conveyed by the instrument, which was executed by the defendant and read in evidence on the part of the plaintiff on the trial in the County Court, and the reason is that he received nothing in return for his money— not even a deed, for the lands which he purchased, because the instrument referred to did not…
2Cited by4 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Campbell v. PackardWisconsin Supreme Court · 1884
- Leal v. TerbushMichigan Supreme Court · 1883