Abbott v. Dow
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane ■county: E. Eat SteveNs, Circuit Judge. Plaintiff claims that be went to North Dakota, at tbe solicitation of tbe defendants, to examine lands with view to purchase; that he was taken by defendants’ agent to the line between sections 32 and 33 in township 146 FT. and range 93 W., in Mercer county; that section 32 was government land and open to homestead, while section 33 and many thousands of acres of other lands in the…
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Appeal from a judgment of tbe circuit court for Dane ■county: E. Eat SteveNs, Circuit Judge. Plaintiff claims that be went to North Dakota, at tbe solicitation of tbe defendants, to examine lands with view to purchase; that he was taken by defendants’ agent to the line between sections 32 and 33 in township 146 FT. and range 93 W., in Mercer county; that section 32 was government land and open to homestead, while section 33 and many thousands of acres of other lands in the general vicinity were owned by the defendants for sale, all of said section being classed by them as $1 per acre land;…
1Opinion of the CourtDodge, J.
We find difficulty in understanding the meaning of the trial court intended to be expressed by the findings, especially in view of the evidence. By finding 2 it is declared that on July 9th plaintiff agreed with Welton “to purchase one quarter of said section 33” at terms as to price and credits carefully specified. It is undisputed that all these terms were agreed upon before commencing the draft of the contract. Welton himself so testifies unambiguously, so we assume that finding relates to a time prior to the writing. Then findings 3 and 4 describe the clerical process by which the written…
2Cases cited5 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Hurd v. HallWisconsin Supreme Court · 1860
- Scheuer v. ChloupekWisconsin Supreme Court · 1906
- Kammermeyer v. HilzWisconsin Supreme Court · 1903
- Maldaner v. BeurhausWisconsin Supreme Court · 1900
3Cited by1 opinion
- Schultz v. RudieWisconsin Supreme Court · 1957