Winke v. Olson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: James Wiceham, Judge. Equitable action to recover tbe value of property, which, plaintiff claims sbe became entitled to, under a contract whereby she was placed by her father with John Gilbert and his wife to be dealt with as their child.
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Appeal from a judgment of the circuit court for Pierce county: James Wiceham, Judge. Equitable action to recover tbe value of property, which, plaintiff claims sbe became entitled to, under a contract whereby she was placed by her father with John Gilbert and his wife to be dealt with as their child. The issues presented for trial by the pleadings, and in respect to which evidence was produced, were passed upon by the circuit judge, as indicated by the findings upon which the judgment was rendered, which findings, so far as they need to be examined, are as follows: 1. Plaintiff, who was born…
1Opinion of the CourtMaeshall, J.
In a case of this kind, specific performance should not be decreed unless the contract, in its terms and meaning, is clearly established so as to show, without room for fair doubt, that the parties to it intended the child to have the right of heirship the same as if born to those taking it into their family. No such right should be held to have been intended by a contract which is so ambiguous that a different meaning could be reasonably read out of it. Dilger v. Estate of McQuade, 158 Wis. 328, 148 N. W. 1085; Heath v. Cuppel, 163 Wis. 62, 157 N. W. 527. A large number of authorities on the…
2Cases cited17 opinions
- Crawford v. WilsonSupreme Court of Georgia · 1913
- Winne v. . WinneNew York Court of Appeals · 1901
- Kofka v. RosickyNebraska Supreme Court · 1894
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
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3Cited by5 opinions
- Wilburn v. WagnerMontana Supreme Court · 1921
- Cosby v. Marshall & Ilsley BankWisconsin Supreme Court · 1954
- Tucker v. WarfieldCourt of Appeals for the D.C. Circuit · 1941
- Cosby v. Marshall & Ilsley BankWisconsin Supreme Court · 1954
- Frieders v. Estate of FriedersWisconsin Supreme Court · 1923