Clarke v. Maisch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Plaintiff brought action for specific performance of a contract to convey land. He was the owner of several'lots in the village of Middleton, Dane county, Wisconsin, and on October 13, 1916, held an auction of the lots at the village of Middleton.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Plaintiff brought action for specific performance of a contract to convey land. He was the owner of several'lots in the village of Middleton, Dane county, Wisconsin, and on October 13, 1916, held an auction of the lots at the village of Middleton. The lots in question were struck off to Gottlieb Maisch, the defendant, upon his bid of $225. Immediately after being so sold, a written memorandum of the sale and purchase of the lots was executed. The memorandum is silent as to abstract. • Defendant…
1Opinion of the CourtSiebecker, J.
It appears that the lots in question were sold to the defendant at an auction. The defendant fully understood the method of conducting this sale and participated in the bidding for the purchase of the two lots included in the memorandum of sale executed by the parties at the time the auctioneer struck them off to him as the *227highest bidder. It appears that the' auctioneer announced when the sale began that a deed conveying a good and clear title would be given to the purchasers and that an abstract of title of the lots sold was at the Bank of Middleton for the use of all the purchasers if they…
2Cases cited10 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Kennell v. BoyerSupreme Court of Iowa · 1909
- State ex rel. Nevada Title Guaranty & Trust Co. v. GrimesNevada Supreme Court · 1906
- Tapp v. NockCourt of Appeals of Kentucky · 1889
- Eiche v. KionkaIllinois Supreme Court · 1912
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