Lyttle v. Goldberg
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Shawano-county: Joi-iu Goodlamd, Circuit Judge. Action to recover moneys due under an alleged contract whereby, in consideration of the plaintiffs joining in a warranty deed of conveyance of her husband’s farm, the defendants agreed to sell said farm and certain personal property received therewith, and, after retaining a commission of $100, to pay to the plaintiff all excess above the amount of the indebtedness against said…
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Appeal from a judgment of tlie circuit court for Shawano-county: Joi-iu Goodlamd, Circuit Judge. Action to recover moneys due under an alleged contract whereby, in consideration of the plaintiffs joining in a warranty deed of conveyance of her husband’s farm, the defendants agreed to sell said farm and certain personal property received therewith, and, after retaining a commission of $100, to pay to the plaintiff all excess above the amount of the indebtedness against said property. The defendants denied such contract and claimed that the plaintiff had executed such conveyance in…
1Opinion of the CourtDodge, J.
As a preliminary defense appellants argue that the contract sued on is void both because of plaintiff’s incapacity as a married woman and because of the statute of frauds avoiding parol contract for conveyance of any interest in real estate. The contention cannot be sustained. Neither the statute of frauds nor plaintiff’s marital status presents any obstacle to the. validity of defendants’' promise to pay a sum of money upon a sufficient consideration.- A fully executed release of her interest in real estate, even inchoate, is such consideration, whether her executory promise so to do would…
2Cases cited6 opinions
- Sykes v. ChadwickSupreme Court of the United States · 1874
- Hocks v. SprangersWisconsin Supreme Court · 1902
- Watters v. McGuiganWisconsin Supreme Court · 1888
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Badger Telephone Co. v. Wolf River Telephone Co.Wisconsin Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Salchert v. ReinigWisconsin Supreme Court · 1908
- Wankowski v. Crivitz Pulp & Paper Co.Wisconsin Supreme Court · 1908
- Swiergul v. Town of SuamicoWisconsin Supreme Court · 1931