Korrer v. Madden
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du' Lac county: Ohestee. A. Eowlee, Circuit Judge. Tbe plaintiff set forth in her complaint that tbe defendant sold to her on two separate occasions stock in tbe Church Furnishing Company of Eond du Lac, to the amount in the aggregate of $350, under a promise to purchase the same from her if at any time she desired to sell.
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Appeal from a judgment of tbe circuit court for Eond du' Lac county: Ohestee. A. Eowlee, Circuit Judge. Tbe plaintiff set forth in her complaint that tbe defendant sold to her on two separate occasions stock in tbe Church Furnishing Company of Eond du Lac, to the amount in the aggregate of $350, under a promise to purchase the same from her if at any time she desired to sell. She further alleged that she relied on the promise and was induced thereby to make the purchase; that she became dissatisfied with the stock and demanded of the defendant that he purchase the same from her according to…
1Opinion of the CourtBaknes, J.
Tbis court bas beld tbat where corporate stock is sold, paid for, and delivered pursuant to an oral agreement, wherein the vendor as a condition of the sale agrees to repurchase such stock at the option of the buyer, the whole constitutes but an entire original contract that is sufficiently performed to take it out of the statute of frauds (sec. 2308, Stats.), so that the vendee may sue and recover from the vendor on the agreement to repurchase. Vohland v. Gelhaar, 136 Wis. 75, 116 N. W. 869; Hankwitz v. Barrett, 143 Wis. 639, 128 N. W. 430. In both of these cases the vendee understood that…
2Cases cited3 opinions
- Johnston v. . TraskNew York Court of Appeals · 1889
- Hankwitz v. BarrettWisconsin Supreme Court · 1910
- Vohland v. GelhaarWisconsin Supreme Court · 1908
3Cited by14 opinions
- Illinois-Indiana Fair Ass'n v. PhillipsIllinois Supreme Court · 1927
- Calvert v. Mason City Loan & Investment Co.Supreme Court of Iowa · 1935
- Lingelbach v. LuckenbachWisconsin Supreme Court · 1919
- Pierce v. RothwellWyoming Supreme Court · 1928
- Becker v. KreulWisconsin Supreme Court · 1921
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