Maxon v. Gates
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: E. B. Belimsn, Judge. Tbis action is brought to recover damages for breach of a contract entered into between the plaintiff and defendant January 8, 1900, whereby the defendant agreed that he-would within a reasonable time cause to be conveyed to the plaintiff by quitclaim deed, executed by himself and wife- and the International Land Company, certain lands in Ash-land and Iron counties.
Read the full summary
Appeal from a judgment of tbe circuit court for Milwaukee county: E. B. Belimsn, Judge. Tbis action is brought to recover damages for breach of a contract entered into between the plaintiff and defendant January 8, 1900, whereby the defendant agreed that he-would within a reasonable time cause to be conveyed to the plaintiff by quitclaim deed, executed by himself and wife- and the International Land Company, certain lands in Ash-land and Iron counties. The descriptions of these lands were contained in Exhibits A and B, attached to the contract. Defendant also agreed that he would, at the same…
1Opinion of the Court
Tbe following opinion was filed June 17, 1908:
BashRokd, J.
Counsel for appellant concede that the issue raised by tbe answer, that tbe contract of January 8, 1900, was executed conditionally, is settled by tbe special verdict in view of tbe conflicting testimony. We have, then, as a starting point, an absolute contract binding upon both parties. It is urged, however, on behalf of appellant that tbis contract was abrogated by mutual consent of tbe parties. Abrogation, like a release or discharge, is new matter constituting a defense, and, if relied upon, must be specially pleaded. Sec. 2655,…
2Cases cited19 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Muench v. HeinemannWisconsin Supreme Court · 1903
- Gross v. HeckertWisconsin Supreme Court · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. PetersonMontana Supreme Court · 1958
- State v. HoblittMontana Supreme Court · 1930
- State v. EscobedoWisconsin Supreme Court · 1969
- McLennan v. ChurchWisconsin Supreme Court · 1916
- Jack Mann Chevrolet Co. v. Associates Inv. Co.Court of Appeals for the Sixth Circuit · 1942
17 more not listed; retrieve them via the Exa API.