Dewey v. Spring Valley Land Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix ■ county: E. W. Helms, Circuit Judge. This action was brought by the receiver of the Minnesota ■ & Wisconsin Railway Company to restrain the defendant from instituting condemnation proceedings, or otherwise interfering with the rights of the receiver or the railway •company in respect of certain lands on which the railway ■ company had located its railroad and depots and terminal facilities, and to enforce the…
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Appeal from a judgment of the circuit court for St. Croix ■ county: E. W. Helms, Circuit Judge. This action was brought by the receiver of the Minnesota ■ & Wisconsin Railway Company to restrain the defendant from instituting condemnation proceedings, or otherwise interfering with the rights of the receiver or the railway •company in respect of certain lands on which the railway ■ company had located its railroad and depots and terminal facilities, and to enforce the specific performance of an alleged oral agreement to convey the said lands to the railway ■■company. It was claimed on the part…
1Opinion of the CourtNtcwmaN, J.
It is not quite plain why the alleged contract should be pronounced unfair. It was surely competent for the parties to agree upon an umpiré, who was mutually acceptable, to decide between them how much, and what, lands-should be deemed necessary to be taken for the purposes, of their contract. Surely the benefit contemplated by the defendant from the building of the plaintiff’s railroad to its. projected town site was ample consideration for its promises and since the referee has found that no more land was taken, than was reasonably necessary for the purposes of the alleged: contract, it is…
2Cases cited9 opinions
- Combs v. ScottWisconsin Supreme Court · 1890
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Williams v. WilliamsWisconsin Supreme Court · 1880
- Shenandoah Valley Railroad v. LewisSupreme Court of Virginia · 1882
- Docter v. FurchWisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Williams v. BaileySupreme Court of Florida · 1915
- Rice v. RigleyIdaho Supreme Court · 1900
- Mulligan v. AlbertzWisconsin Supreme Court · 1899
- Stevens v. TraftonMontana Supreme Court · 1908
- Van de Bogart v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.