Consolidated Water Power Co. v. Nash
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Wood county: O. B. Wyman, Judge. This suit, brought by the plaintiff to compel specific performance by the defendant of a contract to convey certain lands and water power in the Wisconsin river, near Grand Rapids, presented substantially the following facts, either undisputed or found by the court upon sufficient evidence: In 1894 various interests in lands, riparian easements, and water powers existed in the vicinity of Grand…
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Appeals from a judgment of the circuit court for Wood county: O. B. Wyman, Judge. This suit, brought by the plaintiff to compel specific performance by the defendant of a contract to convey certain lands and water power in the Wisconsin river, near Grand Rapids, presented substantially the following facts, either undisputed or found by the court upon sufficient evidence: In 1894 various interests in lands, riparian easements, and water powers existed in the vicinity of Grand Rapids and .Centralia, which, however, utilized but a part of the power of the water there flowing, of which further…
1Opinion of the CourtDodge, J.
The defendant on his appeal contends that he never became bound by the alleged contract of July 16, 1894, for the reason that he withdrew at a time when he had a right so to do, and before the contract had become complete and obligatory upon him. That contract, by its very terms, provided that it should not be binding upon either or any of the parties thereto until signed and executed by a list of persons and corporations named. Obviously it was an incomplete instrument until that clause was *496satisfied. Until then none of the parties was irrevocably committed to his decision to become a party…
2Cases cited15 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Northwestern Fuel Co. v. LeeWisconsin Supreme Court · 1899
- Calteaux v. MuellerWisconsin Supreme Court · 1899
- Wendt v. VogelWisconsin Supreme Court · 1894
- Goodyear Rubber Co. v. George D. Scott Co.Supreme Court of Alabama · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Estate of WellsWisconsin Supreme Court · 1914
- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
- City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
16 more not listed; retrieve them via the Exa API.