Popp v. Swanke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. Action to enforce the specific performance of a contract for the sale of land.
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APPEAL from the Circuit Court for Green Lake County. Action to enforce the specific performance of a contract for the sale of land. The complaint alleges that the plaintiff and the defendant August Swanke entered into an agreement by which the plaintiff sold to said defendant a lot of lumber which the plaintiff owned and had at Saxeville, Waushara county, and Fremont, Waupaca county, the lumber at Saxeville to be transported by the plaintiff to Tustin, Waushara county, and the lumber at Fremont to be taken by said defendant a.t that place; that the said defendant was to pay therefor the S. £…
1Opinion of the Court
Cole, O. J.
There is an insuperable difficulty in the way of affirming this judgment. The action is to enforce the specific performance of a parol contract for the sale of land. There has been no such part performance of the contract' as will, under the decisions of this court, take the case out of the statute. Blanchard v. McDougal, 6 Wis. 167; Smith v. Finch, 8 Wis. 245. In Smith v. Finch, WhitoN, C. J., says: “It is only in cases where the defendant would be enabled to practice a fraud upon the complainant unless the contract is specifically executed that a court of equity will interfere.…
2Cases cited3 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Smith v. FinchWisconsin Supreme Court · 1859
3Cited by14 opinions
- Harney v. BurhansWisconsin Supreme Court · 1895
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Nichols v. OppermannWashington Supreme Court · 1893
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Rowell v. BarberWisconsin Supreme Court · 1910
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