McLennan v. Church
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court fox Polk ■county: MaetiN L. LuecK, Judge. Action for specific performance of a land contract.
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Appeal from a judgment of tbe circuit court fox Polk ■county: MaetiN L. LuecK, Judge. Action for specific performance of a land contract. Tbe following is, in substance, tbe findings of fact made by tbe trial court, and indicates tbe nature of tbe evidence and ■of tbe issues raised by tbe pleading: 1st. On October 11, 1912, defendants L. F. Church and wife contracted in writing to sell plaintiff, for $4,200, and convey to bim by March 1, 1913, tbe south half of tbe northeast quarter of section 31, town 32, range 15, west, in Polk county, Wisconsin. 2d. About tbe contract date, plaintiff paid…
1Opinion of the CourtMaeshall, J.
The first complaint made on behalf of appellant is that the court erred in finding that, at the time of making the contract with L. F. Church, plaintiff knew Bay Church held the title to one forty of the land. That does not ■seem to be material, so we will pass the question of whether *416the finding bas support in tbe evidence. L. F. Church contracted to sell both forties to appellant. That he might properly have done and expected to perform by procuring the title to the forty which was in Hay Church before maturity of the agreement or at such maturity procure co-operation of Bay Church to…
2Cases cited14 opinions
- Martens v. ReillyWisconsin Supreme Court · 1901
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- Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.Wisconsin Supreme Court · 1913
- White v. WhiteWisconsin Supreme Court · 1907
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