Ohlert v. Alderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This is an action for money had and received, based upon the following facts, in substance, namely: The defendants entered into a written contract October-21, 1889, to sell and convey to the plaintiffs the-southhalf'-of southwest quarter of section 36, town 6, range 4, and the north half of northwest quarter of section 1, town 5, range 4, in Grant county, Wisconsin,” for the sura of $4,000, to be paid as specified in the…
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APPEAL from the Circuit Court for Grant County. This is an action for money had and received, based upon the following facts, in substance, namely: The defendants entered into a written contract October-21, 1889, to sell and convey to the plaintiffs the-southhalf'-of southwest quarter of section 36, town 6, range 4, and the north half of northwest quarter of section 1, town 5, range 4, in Grant county, Wisconsin,” for the sura of $4,000, to be paid as specified in the contract. There was no mention in the contract of the number of acres sold, or of any price per acre. It simply mentions, in…
1Opinion of the CourtPinNey, J.
The plaintiff’s right to recover in this case depends entirely upon whether, as against the express and unambiguous terms of the contract of sale and the deed of conveyance executed to carry it into effect, he can be allowed to show by parol evidence that the contract was for the purchase and conveyance of 160 acres of land, and not merely the tracts specifically described, and consequently the quantity of land only which these tracts might contain, *437for the price and sum of $4,000. We consider the law on this subject very plain, and cannot understand how the plaintiff’s recovery can be…
2Cases cited5 opinions
- Howes v. BarkerNew York Supreme Court · 1808
- Baltimore Permanent Building & Land Society v. SmithCourt of Appeals of Maryland · 1880
- Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
- Cardinal v. HadleyMassachusetts Supreme Judicial Court · 1893
- Winchell v. LathamNew York Supreme Court · 1827
3Cited by6 opinions
- Harding v. RobinsonCalifornia Supreme Court · 1917
- Jost v. WolfWisconsin Supreme Court · 1906
- Butt v. SmithWisconsin Supreme Court · 1904
- Hagen v. LehmannAppellate Court of Illinois · 1924
- Maylahn v. HaneltWisconsin Supreme Court · 1907
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