Legal Opinion

Russell v. Ives

Wisconsin Supreme Court

Decided June 23, 1920PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Action to recover damages for breach of contract to sell real estate. ' On the 13th day of September, 1919, the defendant, purporting to act for his wife, Grace H. Ives, the owner of the property, made the following written offer to plaintiff: “I hereby offer you as follows: I will transfer to you, on or before October 3, 1919, the three lots on the northeast corner of Fifth and…

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Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Action to recover damages for breach of contract to sell real estate. ' On the 13th day of September, 1919, the defendant, purporting to act for his wife, Grace H. Ives, the owner of the property, made the following written offer to plaintiff: “I hereby offer you as follows: I will transfer to you, on or before October 3, 1919, the three lots on the northeast corner of Fifth and King streets, now in the name of Grace H. Ives, for $20,000 in cash and a mortgage back on the property below for…

1Opinion of the CourtVinje, J.

The memorandum of sale was signed by the party by whom the sale was to be made. That is sufficient under our statute. Sec. 2304, Stats. 1917, provides that

“Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands shall be void unless the contract or some note or memorandum thereof, expressing the consideration, be in writing and be subscribed by the party by whom the. lease or sale is to be made or by his lawfully authorized agent.”

It described the property, stated the purchase price, and the terms of payment, namely, cash. So it…

2Cases cited7 opinions

  1. Wardell v. WilliamsMichigan Supreme Court · 1886
  2. Inglis v. FoheyWisconsin Supreme Court · 1908
  3. Kreutzer v. LynchWisconsin Supreme Court · 1904
  4. Lowber v. ConnitWisconsin Supreme Court · 1874
  5. Cheney v. CookWisconsin Supreme Court · 1859

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Douglass v. RansomWisconsin Supreme Court · 1931
  2. Jefferson Gardens, Inc. v. TerzanWisconsin Supreme Court · 1934
  3. Bitof v. HoppeWisconsin Supreme Court · 1925
  4. R.C.R. Corp. v. Bank of Middleton (In re R.C.R. Corp.)District Court, W.D. Wisconsin · 1986
  5. Matter of RCR Corp.United States Bankruptcy Court, W.D. Wisconsin · 1986

1 more not listed; retrieve them via the Exa API.

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