Mahn v. Chicago & Milwaukee Electric Railroad
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbe defendant railroad company laid out and surveyed its lines approximately north and south through plaintiff’s tract of nearly forty acres, so as to leave about eighteen acres to the eastward of the right of way separated from the farm buildings.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbe defendant railroad company laid out and surveyed its lines approximately north and south through plaintiff’s tract of nearly forty acres, so as to leave about eighteen acres to the eastward of the right of way separated from the farm buildings. A written contract of date April 27, 1907, was entered into, whereby the plaintiffs agreed to convey all east of the west line of the 150-foot right of way, and in consideration thereof the railroad company agreed to procure and convey to them…
1Opinion of the CourtDodge, J.
The first question seriously discussed is-whether the railway company has so failed in performance on-*11its part of tbe contract for tbe exchange of lands that plaintiffs ongbt not to be beld to performance on tbeir part. That it did fail, and declare its inability, to make conveyance in-technical compliance with its agreement, on demand, is confessed, bnt whether the tender of a full warranty deed from-, the true owner of the land might not be held a sufficient compliance, even without covenants of warranty from the company, is, to say the least, doubtful, standing alone. Bateman v. Johnson,…
2Cases cited10 opinions
- Shaft v. CareyWisconsin Supreme Court · 1900
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Booth v. RyanWisconsin Supreme Court · 1872
- Smith v. PutnamWisconsin Supreme Court · 1900
- Akerly v. VilasWisconsin Supreme Court · 1862
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3Cited by3 opinions
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