Legal Opinion

Blewett v. McRae

Wisconsin Supreme Court

Decided October 2, 1894PublishedCited by 5 opinions

APPEAL from the Circuit Court for Douglas County. On March 10, 1891, the defendants were éopartners engaged in the business of buying and selling real estate for others upon commission, in West Superior. Among others, they had four lots, belonging to one Stowe, for sale at the price of $8,800. On that day the plaintiff and one Anderson called upon the defendants arid were shown by them various pieces of property they had for sale, including the four lots in question.

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APPEAL from the Circuit Court for Douglas County. On March 10, 1891, the defendants were éopartners engaged in the business of buying and selling real estate for others upon commission, in West Superior. Among others, they had four lots, belonging to one Stowe, for sale at the price of $8,800. On that day the plaintiff and one Anderson called upon the defendants arid were shown by them various pieces of property they had for sale, including the four lots in question. Anderson said, in effect, to the plaintiff, in the presence of the defendants, that any deal he made with the defendants he…

1Opinion of the CourtCassoday, J.

The aggregate amount of the payments due on the purchase of the four lots from Stowe on and *284prior to March 19, 1891, was $2,000. The plaintiff sent to the defendants the $1,000 mentioned as his half of such payments, and to that extent canceled and discharged his “ obligations ” to Stowe and the defendants on the contract mentioned, and it was so applied by the defendants. Beyond question that payment gave the plaintiff an equitable interest in the land which he might have enforced had he made the other payments as he had agreed. By the terms of the contract, a failure to pay the second…

2Cases cited7 opinions

  1. Grant v. HardyWisconsin Supreme Court · 1873
  2. Lawton v. HoweWisconsin Supreme Court · 1861
  3. Wells v. American Express Co.Wisconsin Supreme Court · 1880
  4. Colt v. ClappMassachusetts Supreme Judicial Court · 1879
  5. Fay v. LovejoyWisconsin Supreme Court · 1866

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Frederick v. Douglas CountyWisconsin Supreme Court · 1897
  2. Duffy v. ScottWisconsin Supreme Court · 1940
  3. Glendale Investment Ass'n v. Harvey Land Co.Wisconsin Supreme Court · 1902
  4. San Leandro Can. Co., Inc. v. PerilloCalifornia Court of Appeal · 1927
  5. Blewitt v. McRaeWisconsin Supreme Court · 1898

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