Seaman v. Ascherman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the brief of counsel for the appellant, as follows: “Upon a former appeal in this case the court held the complaint sufficient on demurrer. 51 Wis., 618. The complaint in substance alleges that the plaintiff having previously let to the defendants, who are copartners, part of a large store building, afterwards had an offer from Kirby, Newbre & Co. for the remainder thereof; that the…
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APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the brief of counsel for the appellant, as follows: “Upon a former appeal in this case the court held the complaint sufficient on demurrer. 51 Wis., 618. The complaint in substance alleges that the plaintiff having previously let to the defendants, who are copartners, part of a large store building, afterwards had an offer from Kirby, Newbre & Co. for the remainder thereof; that the defendants, on being informed of this, proposed to plaintiff that if she would break off negotiations with Kirby, Newbre &…
1Opinion of the CourtLyoN, J.
This court has once held that the complaint, standing alone, states facts which, if -true, entitle the plaintiff to have specific performance of the agreement therein alleged. 51 Wis., 618. The circuit court has found, substantially, that all of the material facts therein stated are true. If the proofs sustain such findings, the judgment is undoubtedly right, unless the alleged acquiescence of the plaintiff in the notice by the defendants of January 8, 1880, that they would vacate the premises and surrender the same on May 1st thereafter to the plaintiff, — ■ and her subsequent acts and delay…
2Cases cited2 opinions
- Cheney v. CookWisconsin Supreme Court · 1859
- Smith v. StateWisconsin Supreme Court · 1881
3Cited by10 opinions
- Fuller & Johnson Manufacturing Co. v. BartlettWisconsin Supreme Court · 1887
- Merrill v. O'BryanWashington Supreme Court · 1908
- Chi-Mil Corp. v. W. T. Grant Co.District Court, E.D. Wisconsin · 1976
- Hammond v. BartonWisconsin Supreme Court · 1896
- Lawrence v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1893
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