Hunholz v. Helz
Wisconsin Supreme Court
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
- Willard v. TayloeSupreme Court of the United States · 1870
- Wright v. YoungWisconsin Supreme Court · 1858
- Von Trott v. Von TrottWisconsin Supreme Court · 1903
- Chase v. HinkleyWisconsin Supreme Court · 1905
- Peterson v. ChaseWisconsin Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Helbig v. BonsnessWisconsin Supreme Court · 1938
- Stack v. HickeyWisconsin Supreme Court · 1912
- Johnson v. McKeonWisconsin Supreme Court · 1933