Atlee v. Bartholomew
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. The case is sufficiently stated in the opinion. Among other things, they argued that the time limited by a contract within the statute of frauds for its performance may be extended by parol, citing Erwin v. Saunders, 1 Cow. 249; Bacon v. Gobi), 45 Ill. 47, 56; 2 Reed on Statute of Frauds, sec. 445, and cases there cited. A verbal acceptance of a written offer to sell lands takes the case out of the statute of frauds.
Read the full summary
APPEAL from the Circuit Court for Ciarle County. The case is sufficiently stated in the opinion. Among other things, they argued that the time limited by a contract within the statute of frauds for its performance may be extended by parol, citing Erwin v. Saunders, 1 Cow. 249; Bacon v. Gobi), 45 Ill. 47, 56; 2 Reed on Statute of Frauds, sec. 445, and cases there cited. A verbal acceptance of a written offer to sell lands takes the case out of the statute of frauds. Browne on Stat. of Frauds, sec. 345a; 1 Reed on Stat. of Frauds, 367; Benjamin on Sales, sec. 254 and cases cited; Lowber v.…
1Opinion of the CourtTaylor, J.
This action was brought to recover damages for an alleged breach of contract to convey lands to the plaintiffs which the}'' allege they had purchased from the defendants. On the trial the court ordered the plaintiffs to be nonsuited, and from the judgment in favor of the defendants the plaintiffs appealed to this court.
The only question in the case is whether the evidence introduced by the plaintiffs showed a valid contract with the defendants for the purchase of the lands described in the complaint. It is admitted that there was no formal contract in writing between the parties, but, on the…
2Cases cited7 opinions
- Orr v. HodgsonSupreme Court of the United States · 1819
- Townsend v. CorningNew York Supreme Court · 1840
- Abell v. MunsonMichigan Supreme Court · 1869
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Lowber v. ConnitWisconsin Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
- Cowan v. CurranIllinois Supreme Court · 1905
- Affordable Erecting, Inc. v. Neosho Trompler, Inc.Wisconsin Supreme Court · 2006
21 more not listed; retrieve them via the Exa API.