Emerson v. Nash
Wisconsin Supreme Court
Appeals from orders of tbe circuit court for Ashland county: Joim K. Paeish, Circuit Judge. The following is the substance of those parts of the complaint necessary to be examined in deciding the questions raised by the appeal: (1) February 5, 1901, plaintiffs, by an agreement in writing with defendants Thomas TI.
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Appeals from orders of tbe circuit court for Ashland county: Joim K. Paeish, Circuit Judge. The following is the substance of those parts of the complaint necessary to be examined in deciding the questions raised by the appeal: (1) February 5, 1901, plaintiffs, by an agreement in writing with defendants Thomas TI. Nash and Guy Nash, which which will be denominated hereafter the original contract, bound themselves to convey to said defendants, at their option, on or before April 15, 1901, certain specified lands in Ashland county, Wisconsin, at $5 per acre cash, the seller to furnish complete…
1Opinion of the CourtMaRSiiall, J.
We bave examined witb care tbe very able analysis of tbe complaint by appellants’ counsel without being able to reach tbe conclusion they contend for. Tbe case is by no means clear, and if it were proper to incline to a view which would condemn the pleading because such view is reasonable, there being another such view that will sustain it, .a conclusion might be arrived at fatal to the orders appealed from.
We cannot too often recur to the radical change wrought by the Code from the common-law rule for determining the-sufficiency of pleadings. It must not be forgotten that he who challenges a…
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