Dickey v. Pugh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eacine-county: JohN GoodlaNd, Judge. The plaintiff seeks to secure the specific performance of a parol contract, partially performed, for the conveyance of certain property described in the complaint.
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Appeal from a judgment of the circuit court for Eacine-county: JohN GoodlaNd, Judge. The plaintiff seeks to secure the specific performance of a parol contract, partially performed, for the conveyance of certain property described in the complaint. The findings show that the A. P. Dickey Manufacturing Company was the owner of the property in 1898. The assignee sold the property to defendant for $3,183.32, subject to a mortgage for $10,500, upon which there was back interest amounting to $673. Defendant took up the old mortgage and executed a new one, paid the back interest, and entered into…
1Opinion of the CourtBabdeeN, J.
There being no exceptions to the findings incorporated in the bill of exceptions, this court will not review the correctness of the court’s conclusions’upon the facts involved. The exact question was. covered by the recent case of Nichols v. Superior, 109 Wis. 643, and nothing further need be said. The pleadings and findings amply sustain the judgment. Waiving the question of the contract being sufficiently performed to entitle the plaintiff to relief, the finding that there has been no tender of performance, and that it did not appear that plaintiff was able, ready, or willing to perform the…
2Cases cited1 opinion
- Nichols v. City of SuperiorWisconsin Supreme Court · 1901
3Cited by1 opinion
- Lisbon Avenue Land Co. v. Town of LakeWisconsin Supreme Court · 1908