Legal Opinion

Hermansen v. Slatter

Wisconsin Supreme Court

Decided March 14, 1922PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge. Action to recover $1,000, earnest money paid by plaintiff to defendant upon the making of a contract for the sale of a certain farm to plaintiff.

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Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge. Action to recover $1,000, earnest money paid by plaintiff to defendant upon the making of a contract for the sale of a certain farm to plaintiff. The complaint set out the contract, the material parts of which are as follows: “That the said party of the second part [plaintiff] agrees and binds himself ... to pay to the party of the first part the sum of $12,000 in manner- as follows, to wit: $1,000 down, the receipt whereof is hereby confessed and acknowledged, and $11,000 to be paid on November 1,…

1Opinion of the CourtJones, J.

The trial court found as facts, in addition to the making of the contract and the payment of $1,000, that it was the intention of the parties that the time fixed for performance should be a material and essential part-of the .-contract; that on November 1st defendants failed to execute their part of the contract; that defendants did not procure a sufficient' abstract until December 23, 1920, and did not tender it until March 10, 1921, when the cause came up for trial; that the plaintiff fully performed his part of the contract ; that the time for performance had not been extended; and that…

2Cases cited2 opinions

  1. Gates v. ParmlyWisconsin Supreme Court · 1896
  2. James v. KnoxWisconsin Supreme Court · 1913

3Cited by8 opinions

  1. Buntrock v. HoffmanWisconsin Supreme Court · 1922
  2. Zuelke v. GergoWisconsin Supreme Court · 1951
  3. Droppers v. HandWisconsin Supreme Court · 1932
  4. Haumersen v. SladkyWisconsin Supreme Court · 1936
  5. Neumann v. GorakWisconsin Supreme Court · 1943

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