Woodman v. Blue Grass Land Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for St. Croix county: E. W. Helms, Circuit Judge. Tbis is an action to recover earnest money paid by tbe plaintiff to tbe defendant upon an executory contract for the conveyance of land on tbe ground of failure of performance by tbe defendant.
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Appeal from a judgment of tbe circuit court for St. Croix county: E. W. Helms, Circuit Judge. Tbis is an action to recover earnest money paid by tbe plaintiff to tbe defendant upon an executory contract for the conveyance of land on tbe ground of failure of performance by tbe defendant. Tbe defense was, in substance, that the plaintiff, repudiated tbe contract before tbe expiration of the-time within which it might be performed and thus forfeited any claim to tbe return of tbe earnest money. Trial by jury was waived and tbe case tried by tbe court. Tbe evidence showed that on June 30, 1902’,…
1Opinion of the Court
Tbe following opinion was filed May 2, 1905:
WiNsnow, J.
While there were a "number of questions raised by tbe appellant in this case and ably argued by him in person both in bis brief and upon bis oral argument, it appears very conclusively to us that a single well-established legal principle adopted by this court establishes tbe correctness of tbe judgment. That principle is that,when one party to an executory contract, before tbe time appointed for performance, repudiates it by deliberately- declaring that be will not perform, tbe other party may treat tbe contract as terminated and recover…
2Cases cited4 opinions
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Davis v. BronsonNorth Dakota Supreme Court · 1891
- Merrick v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
3Cited by32 opinions
- Bomberger v. McKelveyCalifornia Supreme Court · 1950
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Sachs v. OwingsCourt of Appeals of Virginia · 1917
- Pierson v. DorffWisconsin Supreme Court · 1929
- Schwartz v. SyverWisconsin Supreme Court · 1953
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