Legal Opinion

Weinzirl v. Weinzirl

Wisconsin Supreme Court

Decided March 14, 1922PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Dunn county: George Thompson, Circuit Judge. Specific performance. This action is brought by Mary Catherine Weinzirl, widow of William Plenry Weinzirl, H. W. Rudow, as guardian ad litem of William Wayne Weinzirl, posthumous son of William Henry Weinzirl and Mary Catherine Weinzirl, and Mike Sand, administrator of the estate of William Henry Weinzirl, deceased, to compel specific performance of an oral contract alleged to have…

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Appeal from a judgment of the circuit court for Dunn county: George Thompson, Circuit Judge. Specific performance. This action is brought by Mary Catherine Weinzirl, widow of William Plenry Weinzirl, H. W. Rudow, as guardian ad litem of William Wayne Weinzirl, posthumous son of William Henry Weinzirl and Mary Catherine Weinzirl, and Mike Sand, administrator of the estate of William Henry Weinzirl, deceased, to compel specific performance of an oral contract alleged to have been made by the defendant with William Henry Weinzirl, deceased, in the fall of 1918, by_ the terms of which it is…

1Opinion of the CourtRosenberry, J.

It appears from the evidence that the defendant is a farmer fifty-nine years of age, living in the town of Eau Galle, Dunn county, and owns 280 acres of land on which he lived, a part of which is the eighty acres in controversy here. His family consisted of his wife, four sons, and three daughters-, including the deceased, William Henry Weinzirl. The deceased William Henry had worked at home from childhood.

On August 20, 1915, the defendant leased the eighty acres in dispute to one William Rodewald for three years, who remained in possession until he removed the crop1 in the fall of 1918. Of…

2Cases cited2 opinions

  1. Midland Terra Cotta Co. v. Illinois-Surety Co.Wisconsin Supreme Court · 1916
  2. Tyre v. KrugWisconsin Supreme Court · 1914

3Cited by3 opinions

  1. Cochrane v. C. Hennecke Co.Wisconsin Supreme Court · 1925
  2. Kontominas v. PoppWisconsin Supreme Court · 1949
  3. Oconto County v. CareyWisconsin Supreme Court · 1924

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