O'Day v. Meyers
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wood county: Chas. M. Webb, Circuit Judge. This is an action at law to recover tbe balance due upon a contract for tbe purchase of certain lands in Wood county, Wisconsin.
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Appeal from a judgment of tbe circuit court for Wood county: Chas. M. Webb, Circuit Judge. This is an action at law to recover tbe balance due upon a contract for tbe purchase of certain lands in Wood county, Wisconsin. Tbe complaint alleged tbe due assignment of tbe contract to tbe plaintiff and averred that all conditions precedent to be performed on bis part bad been performed; tbat be bad tendered tbe defendant Meyers a good and sufficient conveyance of title to tbe land in question, but tbat Meyers bad refused to perform bis part of tbe contract, and tbat there was now due thereon tbe…
1Opinion of the CourtVinje, J.
Although the case was tried by the court without a jury, appellant assigns numerous errors relating to the admission and exclusion of. testimony. ' Only three are deemed worthy of consideration.
After having introduced testimony as_to the market value of the land, appellant sought in his evidence in chief to introduce testimony to show what price had been paid for individual parcels of other lands. The court excluded such testimony, stating that it might perhaps be properly received later in rebuttal, but was not competent as evidence in chief on his behalf. The exclusion of such evidence was…
2Cases cited23 opinions
- Gibbs & Sterrett Manufacturing Co. v. BruckerSupreme Court of the United States · 1884
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Maxon v. GatesWisconsin Supreme Court · 1908
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3Cited by16 opinions
- Guse v. Power & Mining Machinery Co.Wisconsin Supreme Court · 1912
- Combs v. YoungeAppellate Court of Illinois · 1935
- Horner v. BellAppellate Court of Illinois · 1949
- Schueler v. City of MadisonWisconsin Supreme Court · 1971
- Skornia v. Highway Pavers, Inc.Wisconsin Supreme Court · 1967
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