Legal Opinion

McCord v. Flynn

Wisconsin Supreme Court

Decided June 20, 1901PublishedCited by 10 opinions

Appeals from a judgment of the circuit court for Grant county: Geo. Clementson, Circuit Judge. During the times mentioned the defendant was a cripple, without the use of his lower limbs, but was able to do considerable work, and was very useful on the farm. Eor several years prior to June, 1893, when the plaintiff became of age, he had lived with and worked for the defendant.

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Appeals from a judgment of the circuit court for Grant county: Geo. Clementson, Circuit Judge. During the times mentioned the defendant was a cripple, without the use of his lower limbs, but was able to do considerable work, and was very useful on the farm. Eor several years prior to June, 1893, when the plaintiff became of age, he had lived with and worked for the defendant. About the time the plaintiff became of age he and the defendant entered into a parol agreement in relation to the Taylor farm. In December, 1895, such agreement was reduced to writing, and signed by the plaintiff and the…

1Opinion of the Court

Cassoday, 0. J.

The defendant contends that his motion to vacate and set aside the award was improperly denied. The principal ground upon which such contention is based is that the plaintiff’s claim for the specific performance of the contract for the purchase of the Taylor farm was not within the power of the arbitrators, even though formally submitted to them, and hence that the award thereon is void. One of the grounds for vacating an award prescribed by statute is “ that the arbitrators exceeded their powers.” Subd. 4, sec. 3552, Stats. 1898. The parties were expressly authorized by…

2Cases cited14 opinions

  1. Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  2. Sweet v. . MorrisonNew York Court of Appeals · 1889
  3. Flannery v. . SahagianNew York Court of Appeals · 1892
  4. Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
  5. Herbst v. . HagenaersNew York Court of Appeals · 1893

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

3Cited by10 opinions

  1. Scherrer Construction Co. v. Burlington Memorial HospitalWisconsin Supreme Court · 1974
  2. City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
  3. Reith v. WynhoffWisconsin Supreme Court · 1965
  4. Ellis v. Barron CountyWisconsin Supreme Court · 1904
  5. Frankfurth v. SteinmeyerWisconsin Supreme Court · 1902

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

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