Legal Opinion

Brown v. Search

Wisconsin Supreme Court

Decided March 19, 1907PublishedCited by 5 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: OeeeN T. WilliaMS, Circuit Judge. An action to' recover tbe amount due under tbe following written agreement: “Milwaukee, Wis., July 22, 1902. “Received of II.

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Appeal from a judgment of tbe circuit court for Milwaukee county: OeeeN T. WilliaMS, Circuit Judge. An action to' recover tbe amount due under tbe following written agreement: “Milwaukee, Wis., July 22, 1902. “Received of II. A. Brown and W. W. Way, proprietors of the Oream City Business College, a certificate of tuition for a 3 2 mo. course of instruction in tbe day session of tbe Oream City Business College, Milwaukee, Wis., for wbicb I agree to pay said Brown & Way, or order, tbe sum of one hundred twenty dollars ($120.00) as follows: $10.00 on tbe 1 of Sept., 1902, and $10.00 on tbe 1 day…

1Opinion of the CourtSiebecker, J.

It is averred that plaintiffs were entitled to a direction of judgment in their favor upon the ground that the evidence in the case failed to show either a conditional delivery of the contract by defendant to plaintiffs’ agent, Dalton, or that such agent had committed any fraud by which defendant was induced, as claimed, to make, execute, and deliver it. The proof of the delivery of the contract is undisputed, and we find nothing in the evidence to show that the contract was not to be effective unless some future specified act was performed or some event occurred. No evidence aside from that…

2Cases cited3 opinions

  1. Zang v. AdamsSupreme Court of Colorado · 1897
  2. Palmer v. GoldbergWisconsin Supreme Court · 1906
  3. Pratt v. DarlingWisconsin Supreme Court · 1905

3Cited by5 opinions

  1. Fuller v. De Paul UnivertsityAppellate Court of Illinois · 1938
  2. Sneve v. SchwartzNorth Dakota Supreme Court · 1913
  3. Continental Jewelry Co. v. WilliamsCourt of Appeals of Texas · 1930
  4. United States v. Isaac FeldmanCourt of Appeals for the Eleventh Circuit · 2019
  5. United States v. Isaac FeldmanCourt of Appeals for the Eleventh Circuit · 2019

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