Conklin v. Parsons
Wisconsin Supreme Court
EEEOE to tbe Circuit Court for Fond du Lac County. Tbis was an action of assumpsit to recover tbe difference in value of certain lands, wbicb bad been exchanged between tbe parties, and wbicb tbe plaintiff in error, tbe defendant below, bad agreed to pay to Parsons, tbe defendant in error and plaintiff below.
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EEEOE to tbe Circuit Court for Fond du Lac County. Tbis was an action of assumpsit to recover tbe difference in value of certain lands, wbicb bad been exchanged between tbe parties, and wbicb tbe plaintiff in error, tbe defendant below, bad agreed to pay to Parsons, tbe defendant in error and plaintiff below. Against that claim tbe defendant, on tbe trial, under a notice subjoined to bis plea of tbe general issue, offered proof of a set-off of tbe value of certain rails, wbicb, previous to tbe time of tbe exchange of lands, bad been placed there by bim for constructing a fence, and wbicb bad…
1Opinion of the CourtWhiton, J.
The judgment rendered in this case by the circuit court of Fond du Lac county, must be affirmed, although we should be of the opinion that the court before whom the cause was tried erred in the instructions which it gave the jury.
The bill of exceptions shows that the suit was brought by jParsons against Gonklin to recover the difference in value of certain lands which Gonklin had agreed to pay to Parsons. On the trial Gonklin offered to set off the value of certain rails, which he had placed along the boundary line of the land which he had conveyed to Parsons previously to the conveyance, and…
2Cited by3 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Johannesson v. BorscheniusWisconsin Supreme Court · 1874
- Pierce v. HoffmanWisconsin Supreme Court · 1856