Godfrey v. Germain
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for damages for the taking and. conversion of some five hundred bushels of wheat and oats, alleged to háve been the property of the plaintiff. The defendant Germain, on the 15th of March, 1867, took the grain from the granary of one Isham, under an execution in favor of one Burdick, against the property of Isham, and by the direction of the defendant Lewis, who was the attorney for said Burdick.
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APPEAL from the Circuit Court for Dodge County. Action for damages for the taking and. conversion of some five hundred bushels of wheat and oats, alleged to háve been the property of the plaintiff. The defendant Germain, on the 15th of March, 1867, took the grain from the granary of one Isham, under an execution in favor of one Burdick, against the property of Isham, and by the direction of the defendant Lewis, who was the attorney for said Burdick. Plaintiff claimed under the following instrument: “In consideration of $850 to me in hand paid, I do hereby sell and convey unto Israel Godfrey…
1Opinion of the CourtDixoN, C. J.
If the right of the plaintiff to maintain this action depended solely upon the effect to be given to the written contract under which he claims title, the question presented would be a very nice and difficult one. It would then have'to be decided whether the contract was executory or executed on the part of the vendor; whether it operated as a present sale of the wheat and oats in the granary of the vendor, or was a mere agreement or promise on his part to sell and deliver so many bushels of wheat and oats within the time fixed. The payment of- the price by the purchaser, as recited in the…
2Cited by2 opinions
- Fletcher v. IngramWisconsin Supreme Court · 1879
- Morrow v. DelaneyWisconsin Supreme Court · 1876