Pettit v. Hamlyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. Plaintiff appealed from a judgment in favor of the defendant. The case is stated in the opinion. To the point that it was not necessary for the complaint to show that the agreement was in writing, appellant’s counsel cited Whiting v. Gould, 2 Wis., 552; Story’s Eq. PL, § 761; Moak’s Yan Santv. PL, 205, 255, 339, and authorities there cited.
1Opinion of the CourtCole, J.
On the trial, an objection was taken to the admission of evidence under the complaint, on the ground that it did not state a cause of action. The objection was sustained, and the complaint was dismissed. See 42 Wis., 434. The *315complaint is very loosely drawn, but, as we understand its allegations, they set forth an agreement for the sale and conveyance of real estate. The relief demanded is a specific performance of that agreement. A family arrangement in regard to the settlement of a partition suit mentioned in the complaint, it seems, led to this agreement. The complaint states, among other…
2Cases cited2 opinions
- Grannis v. HookerWisconsin Supreme Court · 1871
- Pettit v. HamlynWisconsin Supreme Court · 1877
3Cited by5 opinions
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- Young v. LynchWisconsin Supreme Court · 1886
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Stephens v. City of SpokaneWashington Supreme Court · 1895
- Jones v. Preferred Accident Insurance Co.Wisconsin Supreme Court · 1939