Phelps v. Mineral Springs Heights Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Oeeen T. Williams, Circuit Judge. Plaintiff on November 5, 1892, entered into a land contract to purchase certain vacant lots from tbe defendant for $1,200, payable in installments, with six per cent, interest.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Oeeen T. Williams, Circuit Judge. Plaintiff on November 5, 1892, entered into a land contract to purchase certain vacant lots from tbe defendant for $1,200, payable in installments, with six per cent, interest. Within the term of said contract, as extended by mutual agreement, and about September 9, 1899, the plaintiff completed said payments, at the same,time requested his deed,, and was told by the defendant’s clerk receiving the money that he could have it on that day or the following one, when it could be executed by the…
1Opinion of the CourtDodge, J.
This action is for the recovery of that with which plaintiff had parted upon the faith of a contract which, *255by reason of its breach by tbe defendant, be claims that be bad a right to rescind, in toto, and bad done so. It is not a suit in equity to obtain a rescission, but a plain action at law to recover back tbe consideration paid. To maintain such action, it is essential that before it is commenced tbe rescission shall have been complete as to both parties. It is not enough that tbe plaintiff may have, by some decisive act, so declared bis own election as to whether tbe contract shall stand…
2Cases cited9 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Ludington v. PattonWisconsin Supreme Court · 1901
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Gay v. OsborneWisconsin Supreme Court · 1899
- Weed v. PageWisconsin Supreme Court · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bishop v. Hannan Real Estate ExchangeMichigan Supreme Court · 1934
- Muir v. MartinSupreme Court of Oklahoma · 1929