Scholl v. Muscovitz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Vernon county: E. C. Higbee, Circuit Judge. This was an equitable action originally brought by an aged father against his son to cancel a deed of a farm (made in consideration of a contract to support the father and make certain payments to three persons named in the contract) on the ground of failure to fully perform the conditions of the contract.
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Appeal from a judgment of the circuit court for Vernon county: E. C. Higbee, Circuit Judge. This was an equitable action originally brought by an aged father against his son to cancel a deed of a farm (made in consideration of a contract to support the father and make certain payments to three persons named in the contract) on the ground of failure to fully perform the conditions of the contract. The action was commenced in November, 1917, and tried in May, 1918. Since the entry of the judgment in the trial court the original plaintiff has died and the administratrix of his estate has been…
1Opinion of the CourtWinslow, C. J.
The judgment seems a very harsh one to be rendered by a court of equity. The defendant had faithfully performed his contract for board and súpport for more than thirteen years; he had made the annual cash payment of $75 up to the time-of the trial, one such payment having been accepted even after this action was brought; he had arranged for the board and care of his father at his sister’s at his own expense when the break-up of his own household took place, which arrangement was satisfactory' to the deceased; he had paid $1,150 out of the $1,500 agreed to be paid to the three beneficiaries…
2Cases cited2 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Danielson v. DanielsonWisconsin Supreme Court · 1917
3Cited by1 opinion
- Kuchera v. KucheraWisconsin Supreme Court · 1920