Wright v. Roberts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. In September, 1863, tbe parties to this suit entered into a contract by which Wright agreed to'pay Boberts $1,500 as follows : $250 and the interest on the $1,500, as soon as Boberts should execute to him a warranty deed of certain land, and the balance in annual installments of $250 each (beginning one year from date); which payments, when fully completed, were to apply as purchase money of said land.
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APPEAL from the Circuit Court for Winnebago County. In September, 1863, tbe parties to this suit entered into a contract by which Wright agreed to'pay Boberts $1,500 as follows : $250 and the interest on the $1,500, as soon as Boberts should execute to him a warranty deed of certain land, and the balance in annual installments of $250 each (beginning one year from date); which payments, when fully completed, were to apply as purchase money of said land. Wright further agreed to pay all taxes which had been assessed on the land since January 1,1863, and such as should thereafter be assessed…
1Opinion of the CourtPaine, J.
There is a conflict of authority upon the question, whether, where one is put into possession of real estate on a contract to purchase it, which he afterwards refuses to comply with, an action for use and occupation can be maintained against him for the time during which he held possession. The cases on both sides are collected in chapter 33, 2 Hilliard on Vendors, which is devoted especially to this subject. We do not deem it necessary to determine which side has the better reason, in cases where there is nothing in the contract of purchase providing for the relation of land*165lord and tenant.…
2Cited by8 opinions
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Krakow v. WilleWisconsin Supreme Court · 1905
- Guthmann v. ValleryNebraska Supreme Court · 1897
- Prather v. BrandonIndiana Court of Appeals · 1909
- Hill v. SidieWisconsin Supreme Court · 1903
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