Telford v. Frost
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassodav: The complaint alleges, in effect, that on Monday, March 21,1887, the plaintiff and one Schultz, for the consideration therein named, obtained an option in writing from one Col-well in these words: “Ashland, March 21, 1887. I hereby give to J. K. Schultz and T. Telford an option on the east seventy feet of block 18, lots 7 and 8, for which they pay me…
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassodav: The complaint alleges, in effect, that on Monday, March 21,1887, the plaintiff and one Schultz, for the consideration therein named, obtained an option in writing from one Col-well in these words: “Ashland, March 21, 1887. I hereby give to J. K. Schultz and T. Telford an option on the east seventy feet of block 18, lots 7 and 8, for which they pay me $15 for until "Wednesday, March 23, 1887, at 10 o’clock in the forenoon, for the sum of $3,000. J. A. Colwell.” That on…
1Opinion of the Court
The folio wing opinion was filed January 28, 1890:
Cassoday, J.
The learned counsel for the defendant is undoubtedly right in claiming that the optional written contract held by the plaintiff against Colwell gave to the plaintiff an interest in the land therein described, within the meaning of sec. 2302, R. S. This being so, he strenuously contends that the plaintiff could not surrender the same except by deed or conveyance in writing subscribed by him, and that, as such surrender was a part of the consideration of the promise sued upon, he improperly recovered. The power to surrender such…
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- Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831
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- Wheeler v. WaldenNebraska Supreme Court · 1885
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