Hopfensperger v. Bruehl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. The action was commenced as a replevin action, but was tried as an action for specific performance of a land contract alleged to have been executed and delivered by the defendants Ernst and Emma Mayer, whereby they agreed to sell and convey to plaintiff Hopfensperger certain lands and premises located in Calumet county.
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Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. The action was commenced as a replevin action, but was tried as an action for specific performance of a land contract alleged to have been executed and delivered by the defendants Ernst and Emma Mayer, whereby they agreed to sell and convey to plaintiff Hopfensperger certain lands and premises located in Calumet county. The court found that Mayer sold his farm and stock and tools to the plaintiff for a fair and adequate consideration after due consideration and deliberation and that he and his wife…
1Opinion of the CourtSiebecker, C. J.
The action was brought to replevy personal property from defendants which the plaintiff claims he purchased from the defendant Mayer under a written contract between himself and Mayer and his wife on April 19, 1919, whereby the Mayers sold to plaintiff their farm and the personal property specifically described in the contract. When the action was called for trial the parties agreed that the issues raised by the pleadings included the issue for specific performance of the contract, and a trial was had before the court for determination of such equitable issue. Upon ¿he evidence adduced the…
2Cases cited3 opinions
- Kipp v. LaunWisconsin Supreme Court · 1911
- Cuddy v. ForemanWisconsin Supreme Court · 1900
- Booher v. SlatharWisconsin Supreme Court · 1918
3Cited by1 opinion
- Haumersen v. SladkyWisconsin Supreme Court · 1936