Butt v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Vernon county: J. J. Emm?, Circuit Judge.. This is an action to recover $105.80 as an overpayment on a conveyance of land.
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Appeal from a judgment of the circuit court for Vernon county: J. J. Emm?, Circuit Judge.. This is an action to recover $105.80 as an overpayment on a conveyance of land. Respondent alleges that he and ap-pellant entered into an oral agreement whereby appellant agreed to sell and convey to him the east half of the northeast quarter of section 36, township 13, range 5, at an agreed price of $50 an acre, and that it Was mutually agreed and understood that the tract conveyed contained eighty acres, and that the amount paid was computed upon such belief and understanding. Pursuant to the…
1Opinion of the CourtSiebbcKEE, J.
Respondent’s right to recover in tbis action is predicated upon tbe claim tbat be overpaid appellant for tbe land conveyed to him by tbe deed through tbe mutual 'mistake of himself and appellant as to tbe number of acres included in tbe tract of land. ITe asserts tbat before tbe deed was executed and delivered it was agreed between himself and appellant, as owner of tbe farm, tbat be would buy it and pay therefor at tbe rate of $50 per acre; tbat be and appellant mistakenly believed that it contained eighty acres, and tbat they computed tbe amount of tbe consideration as expressed in tbe deed…
2Cases cited12 opinions
- Paine v. . UptonNew York Court of Appeals · 1882
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Brader v. BraderWisconsin Supreme Court · 1901
- Witbeck v. . WaineNew York Court of Appeals · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Maffet v. SchaarSupreme Court of Kansas · 1913
- Warner v. JohnsMontana Supreme Court · 1949
- Mueller v. CookWisconsin Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.