Dodge v. Hopkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane, County. Action commenced February 25th, 1860, to recover two instalments, with interest, alleged to be due on a land contract.
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APPEAL from the Circuit Court for Bane, County. Action commenced February 25th, 1860, to recover two instalments, with interest, alleged to be due on a land contract. The complaint alleges that on the 1st of May, 1857, at Madison in Dane county, the plaintiff, by his duly authorized agent and attorney, W. F. Ooolbaugh, entered into a written contract with the defendant under their seals, by which the defendant agreed to pay the plaintiff $1880, viz., $470 at the sealing and delivery of said agreement (the receipt of which is therein acknowledged), and the remainder in three equal annual…
1Opinion of the Court
By the Court,
Dixon, C. J.
There was no error in refusing to receive the supplemental answer. Admitting that the refusal of the plaintiff to convey after tender of the *635principal, interest and costs of the action, wonld, if well pleaded, constitute a defense, the facts stated in the supplemen-. tal answer were quite insufficient for that purpose. It does not appear that Catlin, Williamson & Barwise were the agents of the plaintiff, authorized to convey the lots, or that they had any specific authority in the premises. The most that can he assumed is, that -they were to receive the money, notify…
2Cases cited6 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Rossiter v. RossiterNew York Supreme Court · 1832
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Townsend v. CorningNew York Supreme Court · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Block v. MorrisonSupreme Court of Missouri · 1892
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Atlee v. BartholomewWisconsin Supreme Court · 1887
- Morrill v. Tehama Consolidated Mill & Mining Co.Nevada Supreme Court · 1875
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