Legal Opinion

U. S. Grant University v. Bentley

Wisconsin Supreme Court

Decided March 21, 1903PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Sauk county: E. G. Siebeckee, Circuit Judge. In 1881 an educational corporation known as the Grant Memorial University was located at Athens, Tenn., where it conducted an institution of learning.

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Appeal from a judgment of the circuit court for Sauk county: E. G. Siebeckee, Circuit Judge. In 1881 an educational corporation known as the Grant Memorial University was located at Athens, Tenn., where it conducted an institution of learning. In March of that year one J. J. Garvin visited Mrs. Caroline C. Fruit at her home in Baraboo, Wisconsin, and there solicited her to aid in establishing a chair of practical theology in said institution, with the result that she signed a paper which was in the words and figures following: “The Eev. John Bean chair and. Carolina Fruit scholarship in Grant…

1Opinion of the Court

MaRsham,, J.

It is considered that tbe judgment rendered in this case must be affirmed, if for no other reason, because tbe condition upon which Mrs. Fruit promised to endow a professorship in tbe U. S. Grant Memorial University has not been complied with. Tbe sole consideration contemplated for sucb promise was performance by tbe corporation of sucb condition. Total failure on its part respecting sucb performance leaves sucb promise without any consideration to support it. A careful reading of tbe evidence found in tbe record, after giving due weight to that which tbe court rejected — waiving…

2Cited by1 opinion

  1. Evangelish Lutherish St. Martins Gemeinde v. PruessWisconsin Supreme Court · 1909

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