Shenners v. Pritchard
Wisconsin Supreme Court
.Appeal from a judgment of tbe circuit court for Columbia county: R. G. SiebecKee, Circuit Judge. On June 25, 1893, the defendants purchased of the C. Obrecht Land Company two lots, under a land contract, fbr which they agreed to pay $425,— $100 cash, and the balance in three equal annual payments, with six per cent, interest, payable semi-annually, on the 15th days of January and July of each year.
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.Appeal from a judgment of tbe circuit court for Columbia county: R. G. SiebecKee, Circuit Judge. On June 25, 1893, the defendants purchased of the C. Obrecht Land Company two lots, under a land contract, fbr which they agreed to pay $425,— $100 cash, and the balance in three equal annual payments, with six per cent, interest, payable semi-annually, on the 15th days of January and July of each year. The contract was in the usual form of land contracts, and contained the following clauses deemed material to this litigation: “ The party of the first part agrees to grade streets and lay…
1Opinion of the CourtBardees, J.
According to the court’s ruling, the provision in the land contract to the effect that, if the purchasers failed to make payments as specified, the “agree*290ment shall henceforth be utterly void,” rendered it absolutely void for all purposes, and no action at law could he maintained thereon. Thus it would be left at the option of the vendee in the contract to terminate it any time he saw fit, by simply failing or refusing to pay any further- instalments due thereon. This contention cannot be sustained unless it can be said that the clause mentioned contains mutual covenants designed to…
2Cases cited10 opinions
- Wilcoxson v. StittCalifornia Supreme Court · 1884
- Newton v. HullCalifornia Supreme Court · 1891
- Smith v. MohnCalifornia Supreme Court · 1891
- Phillips v. CarverWisconsin Supreme Court · 1898
- Chambers v. AndersonSupreme Court of Kansas · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kallenbach v. Lake Publications, Inc.Wisconsin Supreme Court · 1966
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Noyes v. BrownSupreme Court of Minnesota · 1919
- Zimmermann v. ThompsonWisconsin Supreme Court · 1962
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