Glocke v. Glocke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action to enforce rescission of a contract for nonperformance of a condition subsequent. The issues raised by the pleadings sufficiently appear by the findings of fact and con-elusions of law.
Read the full summary
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action to enforce rescission of a contract for nonperformance of a condition subsequent. The issues raised by the pleadings sufficiently appear by the findings of fact and con-elusions of law. Eor the purpose of this appeal such findings and conclusions may be stated as follows: May 28, 1899, and for many years prior thereto', plaintiff owned and possessed as his homestead the lands described in the complaint. Defendant Albert Gloche, Jr., is plaintiff's son and is twenty-five years of age. Defendant…
1Opinion of the CourtMaushall, J.
The disposition of this case by the trial court was not complete in that there was a failure to make *308findings covering the allegations o-f tbe counterclaim constituting a cause of action for a reformation of tbe deed. However, appellant does not appear to bave been prejudiced thereby, because tbe evidence did not establish such allegations with sufficient certainty to warrant findings in bis favor.. It is elementary that a written contract or instrument cannot be reformed so as to include matters alleged to bave been omitted therefrom through mutual mistake, or mistake of one party and fraud…
2Cases cited20 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Bogie v. BogieWisconsin Supreme Court · 1876
- Richter v. RichterIndiana Supreme Court · 1887
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Leach v. LeachIndiana Supreme Court · 1853
15 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Bruer v. BruerSupreme Court of Minnesota · 1909
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Southern Colonization Co. v. DerflerSupreme Court of Florida · 1917
- Huffman v. RicketsIndiana Court of Appeals · 1916
44 more not listed; retrieve them via the Exa API.