Wisconsin Farm Co. v. Watson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to recover damages for breach of an agreement to buy land. Appellant Watson and one Clyde A. Miller were claimed to have jointly made tbe agreement, breached it, and be jointly liable therefor. The instrument sued on was in the ordinary form of a land contract with plaintiff as vendor and defendants as joint vendees.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to recover damages for breach of an agreement to buy land. Appellant Watson and one Clyde A. Miller were claimed to have jointly made tbe agreement, breached it, and be jointly liable therefor. The instrument sued on was in the ordinary form of a land contract with plaintiff as vendor and defendants as joint vendees. There was nothing on the face of it indicating that the mutual agreement was other than is customary, except it was not signed by Miller. Appellant signed, but, so far as ■disclosed…
1Opinion of the Court
Mausítall, J.
It was proper to permit testimony showing the relations between Watson and Miller prior to the transaction in question, on the question of whether the former had authority to represent the latter as agent. In the finality it was restricted to that feature of the case. So the objection to the evidence upon the ground that an enforceable partnership agreement to deal in real estate cannot rest in parol, need not be considered. The fact that the contract appears, on its face, incomplete rendered it ambiguous but not necessarily *640void. If it was executed and delivered without any…
2Cases cited2 opinions
- Fredendall v. TaylorWisconsin Supreme Court · 1868
- Dennison v. AustinWisconsin Supreme Court · 1862
3Cited by3 opinions
- Russell v. IvesWisconsin Supreme Court · 1920
- Boelter v. HiltonWisconsin Supreme Court · 1927
- Outagamie County Bank of Appleton v. TeschWisconsin Supreme Court · 1920