James v. Knox
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawkeNOE W. Halsey, Circuit Judge. Suit in equity to cancel a written agreement and to remove a cloud upon title. ' On February 12, 1912, tbe plaintiff Euclid W. James and the defendant, for a legal consideration, entered into a- written agreement wherein plaintiff agreed to convey to the defendant by good and sufficient warranty deed certain premises described therein, and the defendant likewise agreed to…
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Appeal from a judgment of the circuit court for Milwaukee county: LawkeNOE W. Halsey, Circuit Judge. Suit in equity to cancel a written agreement and to remove a cloud upon title. ' On February 12, 1912, tbe plaintiff Euclid W. James and the defendant, for a legal consideration, entered into a- written agreement wherein plaintiff agreed to convey to the defendant by good and sufficient warranty deed certain premises described therein, and the defendant likewise agreed to furnish full abstract of title and to convey to the plaintiff by good and sufficient warranty deed certain described…
1Opinion of the CourtViNjE, J.
The finding that the plaintiff Euclid W. James duly performed his part of the agreement within the time therein specified is supported by the evidence. Indeed, this assignment of error is not seriously argued in the brief, but it is insisted that the court erred in finding that the time fixed in the contract for its performance was of the essence thereof, and it is urged that a tender of performance by defendant on “June 6, 1912, was seasonably made. The contract contained this provision:
“It is mutually agreed by and between the said parties of the first part and the said party of the second…
2Cases cited2 opinions
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Phillips v. CarverWisconsin Supreme Court · 1898
3Cited by4 opinions
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Droppers v. HandWisconsin Supreme Court · 1932
- Hermansen v. SlatterWisconsin Supreme Court · 1922
- Neumann v. GorakWisconsin Supreme Court · 1943