Legal Opinion

Hunholz v. Helz

Wisconsin Supreme Court

Decided January 11, 1910PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Wakren D. Takraett, Circuit Judge. This action was brought to enforce specific performance of a contract in writing by the terms of which the plaintiff agreed to exchange a lot and pay $600 for another lot owned by the ■defendants, each, party agreeing to convey to the other by warranty deed the lot in question.

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Appeal from a judgment of the circuit court for Milwaukee county: Wakren D. Takraett, Circuit Judge. This action was brought to enforce specific performance of a contract in writing by the terms of which the plaintiff agreed to exchange a lot and pay $600 for another lot owned by the ■defendants, each, party agreeing to convey to the other by warranty deed the lot in question. The case was tried by the •court, and the court found that the agreement was made; that plaintiff and defendants each were the owners of the lots which they respectively agreed to convey; that the reasonable value of…

1Opinion of the Court

K/eewiN, J.

The errors assigned are based mainly upon the sufficiency of the evidence to' support the findings. After a careful examination of the record we are convinced that the-findings are well supported by the evidence. It is argued by appellants that no proper tender of performance on the part of the plaintiff was shown; that he insisted upon conditions not covered by the contract; that there was a mistake in description of the property in the contract; that costs should not have been awarded against the defendants; and that the judgment is contrary to equity. An action for specific…

2Cases cited13 opinions

  1. Willard v. TayloeSupreme Court of the United States · 1870
  2. Wright v. YoungWisconsin Supreme Court · 1858
  3. Von Trott v. Von TrottWisconsin Supreme Court · 1903
  4. Chase v. HinkleyWisconsin Supreme Court · 1905
  5. Peterson v. ChaseWisconsin Supreme Court · 1902

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Helbig v. BonsnessWisconsin Supreme Court · 1938
  2. Stack v. HickeyWisconsin Supreme Court · 1912
  3. Johnson v. McKeonWisconsin Supreme Court · 1933

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