Hyslip v. French
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. Turner died-intestate, leaving, among other property, certain lauds. In November, 1872, the defendant, French, was appointed administrator of the estate. In pursuance of a parol agreement to purchase between the plaintiff and French, as such administrator, plaintiff entered into possession of the lands in the winter of 1872-3, and took therefrom 100,000 feet of pine lumber.
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APPEAL from the Circuit Court for Ciarle County. Turner died-intestate, leaving, among other property, certain lauds. In November, 1872, the defendant, French, was appointed administrator of the estate. In pursuance of a parol agreement to purchase between the plaintiff and French, as such administrator, plaintiff entered into possession of the lands in the winter of 1872-3, and took therefrom 100,000 feet of pine lumber. April 21, 1873, French executed and delivered to plaintiff a receipt (with the amount of the note left blank) in the words and figures following: “Received April 21,1873,…
1Opinion of the CourtCassoday, J.
The contract, which rested in parol when the first lot of lumber was taken from the lands, must be regarded as having been reduced to writing when the note and receipt were delivered. By the note the plaintiff agreed absolutely to pay the amount named; and by the receipt the defendant, as administrator, promised that such payment should be in full of the purchase money of the lands, and that a deed of the same would be made to the plaintiff or his assigns as soon as leave therefor could be obtained from the probate court. It is apparent from the writing, as well as the evidence, that the…
2Cases cited5 opinions
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Smith v. PalmerMassachusetts Supreme Judicial Court · 1850
- Grant v. LawWisconsin Supreme Court · 1871
- Hendricks v. GoodrichWisconsin Supreme Court · 1862
3Cited by8 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Gay v. OsborneWisconsin Supreme Court · 1899
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
- Brittle v. Maplecrest Country ClubWisconsin Supreme Court · 1932
- Hall v. HallWisconsin Supreme Court · 1898
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