Legal Opinion

Zunker v. Kuehn

Wisconsin Supreme Court

Decided March 11, 1902PublishedCited by 17 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: Eugewe S. Elliott, Circuit Judge. In March, 1899, tbe plaintiff was tbe owner of certain lands in Waukesha county, and tbe defendants of a tract in tbe city of Milwaukee. An exchange was proposed. Tbe defendant Martin L. Kuehn pointed out to plaintiff tbe tract be owned, which was inclosed by a fence, and having a street frontage of 110 feet.

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Appeal from a judgment of tbe circuit court for Milwaukee county: Eugewe S. Elliott, Circuit Judge. In March, 1899, tbe plaintiff was tbe owner of certain lands in Waukesha county, and tbe defendants of a tract in tbe city of Milwaukee. An exchange was proposed. Tbe defendant Martin L. Kuehn pointed out to plaintiff tbe tract be owned, which was inclosed by a fence, and having a street frontage of 110 feet. Tbe exchange was agreed upon, each to give tbe other a good record title of tbe land owned by him, and deeds were executed. Tbe defendants’ deed covered a strip only ninety-nine feet wide,…

1Opinion of the Court

The following opinion was filed January J, 1902:

BarbeeN, J.

The court found the parties agreed to an exchange of lands, and that each was to give the other a good *423record title to the tract be was to convey. Tbe defendants claimed to own a tract witb a street frontage of 110 feet. Tbe deed given plaintiff only covered a strip ninety-nine feet wide. Tbe défendants bad no record title to any more land than they conveyed, and were therefore unable to comply witb their agreement. This fact operated as a legal fraud upon plaintiff, and was held sufficient to entitle him to a rescission of tbe…

2Cases cited13 opinions

  1. Moore v. . WilliamsNew York Court of Appeals · 1889
  2. Heller v. . CohenNew York Court of Appeals · 1897
  3. Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
  4. Brokaw v. . DuffyNew York Court of Appeals · 1901
  5. Gunther v. UllrichWisconsin Supreme Court · 1892

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

3Cited by17 opinions

  1. Fagan v. HookSupreme Court of Iowa · 1905
  2. Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
  3. Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
  4. Howe v. CoatesSupreme Court of Minnesota · 1906
  5. Campbell v. HarshSupreme Court of Oklahoma · 1912

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

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