Enos v. Sanger
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. On the 29th day of April, 1893, Gasper M. Sanger executed to plaintiffs a mortgage upon certain real estate to secure the payment of $22,500 at the times and with the interest therein provided for. On the 25th day of July, 1893, the mortgagor, by deed with full covenants except as to such mortgage, conveyed such real estate to Emil and Alfred T. Sanger.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. On the 29th day of April, 1893, Gasper M. Sanger executed to plaintiffs a mortgage upon certain real estate to secure the payment of $22,500 at the times and with the interest therein provided for. On the 25th day of July, 1893, the mortgagor, by deed with full covenants except as to such mortgage, conveyed such real estate to Emil and Alfred T. Sanger. On the 19th day of August, 1893, the last-named grantees, by a deed with full covenants except as to' the aforesaid mortgage, conveyed such real estate to…
1Opinion of the CourtMakshall, J.
The decisions of the various courts are by no means uniform, either in respect to the binding effect of a covenant by a grantee of land to pay the consideration therefor to a third person, or the ground upon which the-obligation rests, if sustained. It is useless to review and try to harmonize the various adjudications. In fact, it is difficult to find a line upon which they can be harmonized respecting the ground of the liability. In this state the liability rests upon the doctrine that where one person, for a valuable consideration, engages with another to do some act for the benefit of a…
2Cases cited10 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Bay v. WilliamsIllinois Supreme Court · 1884
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Bassett v. HughesWisconsin Supreme Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Connor v. City of MarshfieldWisconsin Supreme Court · 1906
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
15 more not listed; retrieve them via the Exa API.