Zunker v. Kuehn
Wisconsin Supreme Court
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
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