Harney v. Burhans
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: E. B. Bundy, Judge. This is an action to recover money paid under a contract claimed by plaintiff to be void under the statute of frauds-. The trial court found as facts that a contract in writing was entered into between the parties on the 17 th day of June, 1890, 'whereby plaintiffs agreed to purchase of defendant, and defendant agreed to sell to plaintiffs, certain real estate described, for the sum of…
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Appeal from a judgment of the superior court of Douglas county: E. B. Bundy, Judge. This is an action to recover money paid under a contract claimed by plaintiff to be void under the statute of frauds-. The trial court found as facts that a contract in writing was entered into between the parties on the 17 th day of June, 1890, 'whereby plaintiffs agreed to purchase of defendant, and defendant agreed to sell to plaintiffs, certain real estate described, for the sum of $6,000, $2,200 to be paid down, and the balance to be secured by a mortgage on the property; that thereafter, on the 27th day…
1Opinion of the Court
■Maeshall, J.
It is perfectly plain that the trial court did not consider the memorandum sufficient to satisfy the statute of frauds, though he did not so distinctly find, but that is clearly the effect of his findings, with which we concur. Obviously, the written memorandum was'insufficient in several material particulars. It is not necessary that the memorandum should contain all the parts of the contract, or be formal. No'matter how bunglingly it may be drawn, it will satisfy the statute of frauds if it contains all the-essential terms of the contract, either by its terms or by reference to…
2Cases cited4 opinions
- Popp v. SwankeWisconsin Supreme Court · 1887
- Smith v. FinchWisconsin Supreme Court · 1859
- Thrall v. ThrallWisconsin Supreme Court · 1884
- Ingles v. PattersonWisconsin Supreme Court · 1874
3Cited by29 opinions
- Wiegand v. GissalWisconsin Supreme Court · 1965
- Shepard v. PabstWisconsin Supreme Court · 1912
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Wagniere v. DunnellSupreme Court of Rhode Island · 1909
- Pierson v. DorffWisconsin Supreme Court · 1929
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