Seaman v. Aschermann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mil/wcmkee County. The substance of the complaint is thus stated by Mr. Justice Oiston: “ The complaint is for the specific performance of a verbal contract, made by the defendants with the plaintiff, to accept from the plaintiff and execute on their part a written lease of a part of lot 1 in block 15, and a block of five stores thereon, in the city of Milwaukee, for the term of five years from May 1, 18 T8, at the annual rent of $3,000,…
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APPEAL from the Circuit Court for Mil/wcmkee County. The substance of the complaint is thus stated by Mr. Justice Oiston: “ The complaint is for the specific performance of a verbal contract, made by the defendants with the plaintiff, to accept from the plaintiff and execute on their part a written lease of a part of lot 1 in block 15, and a block of five stores thereon, in the city of Milwaukee, for the term of five years from May 1, 18 T8, at the annual rent of $3,000, payable each year in certain installments. The following facts are substantially stated: Some time previous to the first…
1Opinion of the CourtOrton, J.
The facts stated in the complaint malte a clear case of a verbal agreement to execute a five-years’ lease, fully performed by the plaintiff and partly performed by the defendants. The only question presented is, Can this verbal agreement, under these circumstances, be enforced? Aside from the above facts of performance, it is conceded that the agreement is void by the statute of frauds, and can neither be enforced in equity or damages recovered for its breach in a court of law. That this agreement for or as a lease for five years, even under the circumstances stated in the complaint, is so…
2Cases cited5 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Potter v. JacobsMassachusetts Supreme Judicial Court · 1872
- Paine v. WilcoxWisconsin Supreme Court · 1862
- Fery v. PfeifferWisconsin Supreme Court · 1864
3Cited by19 opinions
- Trollope v. KoernerArizona Supreme Court · 1970
- Wall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1893
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Fuller & Johnson Manufacturing Co. v. BartlettWisconsin Supreme Court · 1887
- Slingerland v. SlingerlandSupreme Court of Minnesota · 1888
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