Park v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Polk county: A. J. ViNje, Circuit Judge. Appeal by plaintiffs from order sustaining demurrer to the complaint.
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Appeal from an order of tbe circuit court for Polk county: A. J. ViNje, Circuit Judge. Appeal by plaintiffs from order sustaining demurrer to the complaint. That pleading sets forth that the plaintiffs are residents, owners of various kinds of property, and engaged in various kinds of business at Balsam Lake, the county seat of Polk county, to which there is no railroad nearer than that of the defendant, crossing the county east and west, ten or fifteen miles away; that the plaintiffs, realizing the needs of the village, and for its general improvement and growth, and in order to facilitate…
1Opinion of the Court
*351The following opinion was filed March 11, 1902:
Dodge, J.
From among the nnmerons objections urged by defendant to the maintenance of this action, there is one which seems to us very clearly to justify the conclusion reached by the trial court in the exercise of its judicial discretion, — that a court of equity ought not to undertake to specifically perform the contract set forth in the complaint, notwithstanding it should be found that such contract was entirely valid, upon a full consideration, and that its breach was unjustifiable and must do grievous wrong to the plaintiffs, incapable of…
2Cases cited12 opinions
- Stanton v. . MillerNew York Court of Appeals · 1874
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Combs v. ScottWisconsin Supreme Court · 1890
- Hopkins v. GilmanWisconsin Supreme Court · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Marshall & Ilsley Bank v. SchuerbrockWisconsin Supreme Court · 1928
- Woldenberg v. RiphanWisconsin Supreme Court · 1918
- Dells Paper & Pulp Co. v. Willow River Lumber Co.Wisconsin Supreme Court · 1919
- Krause v. HolandWisconsin Supreme Court · 1967
- Auer v. MathewsWisconsin Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.