Inglis v. Fohey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: WabeeN D. TaeeaNt, Circuit Judge. This is an action by tbe vendee to enforce specific performance of an alleged written contract to convey certain premises in tbe city of Milwaukee.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: WabeeN D. TaeeaNt, Circuit Judge. This is an action by tbe vendee to enforce specific performance of an alleged written contract to convey certain premises in tbe city of Milwaukee. Tbe action was originally brought against Henry Eohey and Rosa Fohey, his wife, but Henry Fohey having died after judgment, and his wife having been appointed executrix of his will, the action was revived in this court in her name as executrix. The defendant Henry Eohey answered, admitting the execution of two written instruments, but denying that…
1Opinion of the CourtWiNsnow, C. J.
Hie defendants’ contentions are, in substance, that the agreement between Fohey and the plaintiff, made on April 28,11906, is so indefinite, uncertain, and vague that it is not enforceable as a land contract, and that the evidence admitted by the court, showing the circumstances under which it was made and the subsequent acts of the parties construing its terms by their acts, was not admissible. The written contract is certainly indefinite in several particulars, especially in respect to the description of the real estate intended to be covered by it. If the court had no further information…
2Cases cited4 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Docter v. HellbergWisconsin Supreme Court · 1886
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Williamson v. NeevesWisconsin Supreme Court · 1897
3Cited by33 opinions
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Kipp v. LaunWisconsin Supreme Court · 1911
- Muller v. CooperSupreme Court of Georgia · 1928
- Gifford v. StraubWisconsin Supreme Court · 1920
- Kuester v. RowlandsWisconsin Supreme Court · 1947
28 more not listed; retrieve them via the Exa API.