Cheney v. Cook
Wisconsin Supreme Court
APPEAL EROM JEFFERSON CIRCUIT COURT. The complaint filed by the respondents states that on or about the 5th day of February 1856, the above named defendant made and executed a written agreement, bearing date on that day, and delivered it to the plaintiffs, which agreement was in substance and effect as follows, that he, the defendant, would sell to Cheney and Williams from 80 to 400 acres of land on the west and east side of Rock river, five miles north of the village of…
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APPEAL EROM JEFFERSON CIRCUIT COURT. The complaint filed by the respondents states that on or about the 5th day of February 1856, the above named defendant made and executed a written agreement, bearing date on that day, and delivered it to the plaintiffs, which agreement was in substance and effect as follows, that he, the defendant, would sell to Cheney and Williams from 80 to 400 acres of land on the west and east side of Rock river, five miles north of the village of Jefferson, in Jefferson County, for twenty dollars per acre, and would receive in payment for the same, full paid ^tock in…
1Opinion of the Court
By the Court,
Cole J.
We do not deem it necessary at the present time to discuss in detail all the objections urged against the complainant in this case, and shall content ourselves with examining one or two of the grounds of demurrer which embrace the most serious questions arising at this stage of the cause. Some of the objections taken to a specific performance of the contract may be more properly considered when the answer and proofs are before us.
This action is brought to compel the specific performance of a contract set forth in the complaint for the sale and conveyance of real estate.…
2Cases cited2 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Pratt v. CarrollSupreme Court of the United States · 1814
3Cited by25 opinions
- Black v. MaddoxSupreme Court of Georgia · 1898
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Docter v. HellbergWisconsin Supreme Court · 1886
- Peterson v. ChaseWisconsin Supreme Court · 1902
- Jones v. BarnesAppellate Division of the Supreme Court of the State of New York · 1905
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