Legal Opinion

Heins v. Thompson & Flieth Lumber Co.

Wisconsin Supreme Court

Decided May 15, 1917PublishedCited by 18 opinions

Appeal from a judgment of the circuit court for Bayfield county: G. N. Eis jokd, Circuit Judge. Action for specific performance of eight alleged contracts for purchase of land. The complaint was to this effect: In April, 1913, E. J. Stevenson, as agent for plaintiff, the holder of the legal title to the lands in question (describing the same, consisting of a one-half section) with power to sell the same, negotiated with defendants Thompson & Flieth Lumber Company, W. IT.

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Appeal from a judgment of the circuit court for Bayfield county: G. N. Eis jokd, Circuit Judge. Action for specific performance of eight alleged contracts for purchase of land. The complaint was to this effect: In April, 1913, E. J. Stevenson, as agent for plaintiff, the holder of the legal title to the lands in question (describing the same, consisting of a one-half section) with power to sell the same, negotiated with defendants Thompson & Flieth Lumber Company, W. IT. Flietll, and B. G. Flieth, for the sale thereof to them for $11 per acre, $1 per acre to be paid the first year and the…

1Opinion of the CourtMarshall, J.

The principal point raised by appellants is that the finding that defendants made a contract with plaintiff to purchase the land, as claimed, is not supported by the evidence.

Respondent first replied that exceptions to the findings were not filed within ten days after due service of notice of the entry of judgment as provided by sec. 2870, Stats., and were not incorporated into the bill of exceptions. No answer is made thereto by appellants’ counsel.

The record discloses that notice of the entry of judgment was duly served on the 8th day of November, 1916, and that exceptions to the findings…

2Cases cited16 opinions

  1. Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
  2. Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
  3. Gates v. ParmlyWisconsin Supreme Court · 1896
  4. Brown v. GriswoldWisconsin Supreme Court · 1901
  5. Kipp v. LaunWisconsin Supreme Court · 1911

11 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Oconto Co. v. BaconWisconsin Supreme Court · 1923
  2. Edlin v. SoderstromWisconsin Supreme Court · 1978
  3. Ash Park, LLC v. Alexander & Bishop, Ltd.Wisconsin Supreme Court · 2010
  4. R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
  5. Anderson v. OnsagerWisconsin Supreme Court · 1990

13 more not listed; retrieve them via the Exa API.

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