Atwater v. Schenck
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, DODGE COUNTY. This was an action commenced before a justice of the peace of Dodge county, to recover upon the contract set out in the complaint. The pleadings were in writing, and the justice gave judgment for the plaintiff; from which the defendants appealed to the circuit court.
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ERROR TO CIRCUIT COURT, DODGE COUNTY. This was an action commenced before a justice of the peace of Dodge county, to recover upon the contract set out in the complaint. The pleadings were in writing, and the justice gave judgment for the plaintiff; from which the defendants appealed to the circuit court. The plaintiff in this action complains and claims that the defendants are indebted to him in the sum of eighty dollars, with interest, from the fifteenth day of October, 1857, at nine per cent, and states that this action i's founded upon the following facts: On the 7th day of April, 1857,…
1Opinion of the Court
By the Court,
Cole, J.
Although the bond or instrument signed by the parties to this suit, bearing date on the 19th day of January, 1857, which was offered in evidence in support of the counter claim, is not very artistically drawn, yet we do not think there can-be any difficulty whatever in ascertaining the land which the plaintiffs in error therein agreed to convey to the defendant in error. The circuit court charged the jury that the bond was void for uncertainty of description. The land which was to be conveyed was described as the “southwest of the southwest quarter of section three,…
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