Jost v. Wolf
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. Action to foreclose vendor’s lien for $1,660, alleged balance of purchase of certain lands conveyed by plaintiffs testator to the defendant George Wolf on December 16, 1903, by a deed expressing and acknowledging receipt of consideration of $5,500, whereof $3,340 consisted in assumption of mortgage, $600 was cohcededly paid in cash, and the balance is claimed to be due and unpaid,…
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Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. Action to foreclose vendor’s lien for $1,660, alleged balance of purchase of certain lands conveyed by plaintiffs testator to the defendant George Wolf on December 16, 1903, by a deed expressing and acknowledging receipt of consideration of $5,500, whereof $3,340 consisted in assumption of mortgage, $600 was cohcededly paid in cash, and the balance is claimed to be due and unpaid, thq'true consideration being alleged to be $5,600. It appeared that Thomas Suttner, being aged and infirm, owned an…
1Opinion of the CourtDodge, J.
After careful examination of the evidence, consisting largely as it does of testimony of witnesses of greater *40or less intelligence and fairness, and varying in command of the English language, as also in capacity of expression, we cannot say, with the requisite certainty, that the trial court’s findings as to the terms of the contract, or those against fraud and undue influence, are antagonized by that clear preponderance of evidence which alone can justify this court, on appeal, to set them aside. No comment we might make upon the conflicting evidence could add materially to the lucid and…
2Cases cited26 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Baird v. BairdNew York Court of Appeals · 1895
- Brader v. BraderWisconsin Supreme Court · 1901
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3Cited by24 opinions
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Bunbury v. KraussWisconsin Supreme Court · 1969
- Hannon v. KellyWisconsin Supreme Court · 1914
- Foster v. LoweWisconsin Supreme Court · 1907
- Papenthien v. CoerperWisconsin Supreme Court · 1924
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