Lathrop v. Humble
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Outa-gamie county: Joi-iN GoodlaND, Circuit Judge. Action of replevin for two borses and certain other property. Plaintiff’s right to recovery, aside from the horses, was conceded, but verdict for the defendant directed as to the horses.
Read the full summary
Appeal from a judgment of tbe circuit court for Outa-gamie county: Joi-iN GoodlaND, Circuit Judge. Action of replevin for two borses and certain other property. Plaintiff’s right to recovery, aside from the horses, was conceded, but verdict for the defendant directed as to the horses. Plaintiff offered to prove that he negotiated a purchase from the defendant of his farm, these horses, some ■cows, and certain other personal property; that on January 14th, prior to the consummation of said purchase, a written contract was signed, purporting to express an executory agreement for a sale of the…
1Opinion of the CourtDodge, J.
Tbe evidence offered and excluded at least tended to prove an executed transfer of tbe replevied borses,, made on tbe day that the deed of tbe farm was executed. No reason is apparent why plaintiff might not prove that fact by parol evidence. The_statute of frauds offered no obstacle, for a delivery of property ánd payment of consideration were offered to be proved. Tbe fact that, as a part of tbe same transaction, there was executed a deed which recited that, for tbe whole consideration paid, tbe defendant conveyed-other property, presented no obstacle. Such deed,, in its very nature, was…
2Cases cited8 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- McAllister v. StateWisconsin Supreme Court · 1901
- Nass v. SchulzWisconsin Supreme Court · 1899
- Cuddy v. ForemanWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
- Jost v. WolfWisconsin Supreme Court · 1906
- Illinois Steel Co. v. PaczochaWisconsin Supreme Court · 1909
- Hannon v. KellyWisconsin Supreme Court · 1914
- Warner v. JohnsMontana Supreme Court · 1949
7 more not listed; retrieve them via the Exa API.