Mulligan v. Albertz
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Waukesha county: Jahes J. Dice, Circuit Judge. Action for specific performance of contracts to convey lands. Henry W. Albertz was the owner of a farm of 220 acres near Oconomowoc, in Waukesha county. Plaintiff was the owner of a saloon building and contents in the city of Waukesha.
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Appeal from, a judgment of the circuit court for Waukesha county: Jahes J. Dice, Circuit Judge. Action for specific performance of contracts to convey lands. Henry W. Albertz was the owner of a farm of 220 acres near Oconomowoc, in Waukesha county. Plaintiff was the owner of a saloon building and contents in the city of Waukesha. On August 25, 1897, Albertz and wife made a written contract in which they agreed to convey to plaintiff their said farm and certain personal property for the sum of $22,000, to be paid as follows: $14,000 by a conveyance to them of plaintiff’s saloon property, and…
1Opinion of the CourtBaedeeN, J.
An action for the specific performance of a contract is an application to the sound discretion of the court. It does not come as a matter of course. The jurisdiction to compel it is not compulsory. “ A court of equity must be satisfied that the claim for a deed is fair and just and reasonable, and the contract equal in all its parts and founded on an adequate consideration, before it will inter*144pose with, this extraordinary assistance.” Williams v. Williams, 50 Wis. 311; Combs v. Scott, 76 Wis. 662; Doctor v. Furch, 91 Wis. 464; Dewey v. Spring Valley L. Co. 98 Wis. 83. But this discretion is…
2Cases cited5 opinions
- Combs v. ScottWisconsin Supreme Court · 1890
- Williams v. WilliamsWisconsin Supreme Court · 1880
- Kuelkamp v. HiddingWisconsin Supreme Court · 1872
- Docter v. FurchWisconsin Supreme Court · 1895
- Dewey v. Spring Valley Land Co.Wisconsin Supreme Court · 1897
3Cited by19 opinions
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- Christopher T. Beidel v. Sideline Software, Inc.Wisconsin Supreme Court · 2013
- Kipp v. LaunWisconsin Supreme Court · 1911
- McKinnon v. BenedictWisconsin Supreme Court · 1968
- Anderson v. OnsagerWisconsin Supreme Court · 1990
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