Waterman v. Dutton
Wisconsin Supreme Court
APPEAL FROM THE RACINE CIRCUIT COURT. This was a bill in equity for the purpose of reforming and compelling the specific performance of a real contract.
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APPEAL FROM THE RACINE CIRCUIT COURT. This was a bill in equity for the purpose of reforming and compelling the specific performance of a real contract. The appellants and appellee were respectively pier owners and warehousemen in the city of Racine, and with a view to unite or consolidate a business deemed inadequate to the support of two establishments, in the month of February, 1855, negotiations were set on foot resulting in the following proposition in writing from the appellants to the appellee, viz: “Messrs. “Dutton & Raymond hereby offer to sell to Wm. II. Water“man their pier,…
1Opinion of the Court
By the Court,
Cole, J.
After a careful examination of the -decree of the circuit court rendered in this case, we are of the opinion that it should be affirmed.
There does not seem to be any room to doubt but courts of equity in this country will reform a contract, so as to make it correspondent with the real intent and meaning of the parties ; and will, also, in the same suit, proceed to decree spe-eifiic performance of the contract thus reformed, in favor of the party asking reformation and performance of the contract, if it would be equitable and proper to do so. The principles upon- which…
2Cited by11 opinions
- Baldwin v. KerlinIndiana Supreme Court · 1873
- Schmeling v. KrieselWisconsin Supreme Court · 1878
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Kasson v. Estate of BrockerWisconsin Supreme Court · 1879
- Palmer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1878
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