Kelly v. Bliss
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. The amended complaint alleges that in February, 1868, the defendant, being the owner of a one-half interest in a vessel known as the Mechanic, contracted to sell to the plaintiff one-sixth of his interest therein, or a one-twelfth interest in such vessel,-for the consideration of $675; that the plaintiff paid the defendant $400 on account of such purchase, at or about the time when the contract was made, and $50 additional in…
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APPEAL from the Circuit Court for Racine County. The amended complaint alleges that in February, 1868, the defendant, being the owner of a one-half interest in a vessel known as the Mechanic, contracted to sell to the plaintiff one-sixth of his interest therein, or a one-twelfth interest in such vessel,-for the consideration of $675; that the plaintiff paid the defendant $400 on account of such purchase, at or about the time when the contract was made, and $50 additional in July following, and it was agreed that the balance of the purchase money should be paid out of the plaintiff’s…
1Opinion of the CourtLyon, J.
The theory of the original' complaint was, that the contract between the parries for the purchase and sale of a one-twelfth interest in the vessel was purely executory; that no title passed to the plaintiff, and hence the vessel was at the’ risk of the defendant until the contract should be executed by an actual transfer of such interest to the plaintiff. If that theory is correct, the destruction of the vessel while the contract remained executory would incapacitate the defendant from conveying the agreed interest to the plaintiff, and there would be a total failure of consideration. It…
2Cases cited3 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Brown v. EverhardWisconsin Supreme Court · 1881
- Wells v. MilletWisconsin Supreme Court · 1868
3Cited by19 opinions
- Gray v. HallCalifornia Supreme Court · 1928
- Steinbauer v. BondesenCalifornia Court of Appeal · 1932
- Pope v. ThompsonSupreme Court of Georgia · 1924
- Kirch v. DaviesWisconsin Supreme Court · 1882
- Greensburg Water Co. v. LewisIndiana Supreme Court · 1920
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