Legal Opinion

Wiger v. Carr

Wisconsin Supreme Court

Decided April 30, 1907PublishedCited by 17 opinions

Appeal from a judgment of the circuit court for St. Croix county: E. Bat Stevens, Judge. Ou January 5, 1905, the plaintiffs placed iu the hands of the defendant a certificate of deposit for $8,000 and received from him the following: “Beceived from R. N. Jenson and O. N. Wiger cer. of deposit bTo. 14405 for $8,000 to he used in payment of $8,000 par value of stock to he purchased from E. H. Welcome.

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Appeal from a judgment of the circuit court for St. Croix county: E. Bat Stevens, Judge. Ou January 5, 1905, the plaintiffs placed iu the hands of the defendant a certificate of deposit for $8,000 and received from him the following: “Beceived from R. N. Jenson and O. N. Wiger cer. of deposit bTo. 14405 for $8,000 to he used in payment of $8,000 par value of stock to he purchased from E. H. Welcome. It being agreed that balance of purchase above par to be paid by G. N. Wiger and R. N. J enson when stock is delivered. It is contemplated stock will be ready for delivery on or about Jany. 10,…

1Opinion of the CourtDodge, J.

The ground of the trial court’s decision was that the transaction between defendant and Regan amounted to an agreement for the purchase of stock which, by the statute of frauds, was void, there being neither written memorandum thereof, payment of any part of price, nor delivery of any of the property up to the time when plaintiffs revoked defendant’s authority to acquire stock for them. Spear v. *587Bach, 82 Wis. 192, 52 N. W. 97. That transaction, summarized, was as follows: Welcome had 140 shares of stock and evidently did not desire to sell piecemeal. He was, morally at least, obligated to…

2Cases cited13 opinions

  1. Gross v. HeckertWisconsin Supreme Court · 1904
  2. Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
  3. Saveland v. GreenWisconsin Supreme Court · 1875
  4. Meincke v. FalkWisconsin Supreme Court · 1882
  5. Kutz v. FleisherCalifornia Supreme Court · 1885

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3Cited by17 opinions

  1. Anderson v. Yellow Cab Co.Wisconsin Supreme Court · 1923
  2. Jones v. McGaheyMississippi Supreme Court · 1966
  3. Campbell v. WillisDistrict Court, District of Columbia · 1923
  4. Spick v. StateWisconsin Supreme Court · 1909
  5. Dibbert v. Metropolitan Investment Co.Wisconsin Supreme Court · 1914

12 more not listed; retrieve them via the Exa API.

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