Yenner v. Hammond
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for damages for defendant’s failure to convey lands according to his contract.
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APPEAL from the Circuit Court for Winnebago County. Action for damages for defendant’s failure to convey lands according to his contract. Defendant answered, among other things, that he had taken from plaintiff a conveyance, with covenants of warranty, of certain other land, subject to a mortgage for $800, which, by the terms of the conveyance, defendant was to pay; that the value of this land over the $800 was the only consideration for defendant’s contract here sued on; and that such value did not exceed $300. Upon the trial, plaintiff offered in evidence the contract in question, by which…
1Opinion of the Court
Ryan, G. J.
This case was very ably presented for the appellant, but it appears to us-to be a very plain one.
The respondent’s conveyance to the appellant expresses the consideration to be $700. It is not necessary to the consideration of the case to pass upon the question, whether parol evidence was admissible to show, in reduction of damages, that the consideration was less than the sum stated in the deed. Such evidence does not appear to have been offered. Evidence was offered to show the value of the land at the time of the conveyance. Such-evidence, for such a purpose, is never admissible.…
2Cited by11 opinions
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Combs v. ScottWisconsin Supreme Court · 1890
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Taylor v. Times Newspaper Co.Supreme Court of Minnesota · 1901
- Williams v. WilliamsWisconsin Supreme Court · 1880
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