Castleman v. Griffin
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Bane County. Castleman sued Griffin for a balance claimed to be due on tbe purchase money of tbe “ Lake Side Retreat,” near Madison, which be bad sold to Griffin. Tbe agreement for tbe sale of tbe property was executed in Chicago on tbe 5th of March, 1858, and contained a stipulation in regard to a road through tbe property, which is recited at length in the opinion of the court.
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ERROR to tbe Circuit Court for Bane County. Castleman sued Griffin for a balance claimed to be due on tbe purchase money of tbe “ Lake Side Retreat,” near Madison, which be bad sold to Griffin. Tbe agreement for tbe sale of tbe property was executed in Chicago on tbe 5th of March, 1858, and contained a stipulation in regard to a road through tbe property, which is recited at length in the opinion of the court. The deed from Castleman to Griffin was executed in the city of New York.about the 17th of March, 1858. One ground of defense was, that the plaintiff induced the defendant to purchase…
1Opinion of the Court
By the Court,
DixoN, 0. J.
The circuit court erred in allowing the statement of the plaintiff in error, made at New York, as to the laying out of the alleged highway, to be given in evidence to the jury; and likewise in permitting the defendant in error to go into proof of the damage sustained in consequence of such highway having been laid out and opened. It is not disputed that there was, at the time of the execution of the contract, some kind, of an understanding or attempted arrangement between the plaintiff in error and the supervisors of the town and others, with regard to the laying out…
2Cases cited2 opinions
- Ableman v. RothWisconsin Supreme Court · 1860
- State Bank v. DuttonWisconsin Supreme Court · 1860
3Cited by5 opinions
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- Lum v. HoagWisconsin Supreme Court · 1872
- McDonald v. DanielsWisconsin Supreme Court · 1883
- Caswell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877