Seeley v. Howard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This was an action for the specific performance of a contract, made by tRe plaintiff with the defendant, for the purchase of a piece of land. The complaint alleged that the plaintiff had demanded a deed for the land, and the defendant had refused to execute it. The other allegations of the complaint are sufficiently stated in the opinion of the court. An answer was filed.
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APPEAL from the Circuit Court for Winnebago County. This was an action for the specific performance of a contract, made by tRe plaintiff with the defendant, for the purchase of a piece of land. The complaint alleged that the plaintiff had demanded a deed for the land, and the defendant had refused to execute it. The other allegations of the complaint are sufficiently stated in the opinion of the court. An answer was filed. On the hearing, the defendant obj ected to the introduction of any testimony, on the ground that the complaint did not state facts sufficient to constitute a cause of…
1Opinion of the Court
By the Court,
Cole, J.
The record in this case states that the circuit court refused to receive any testimony on the trial, and dismissed the complaint, for the reason that it was not alleged therein, that the appellant, before the commencement of the suit, made out and tendered to the respondent for execution, a deed of the land which he claimed should *338C01iyeyed ^1™- THe action was for the specific per-of a parol contract for the sale and conveyance of real estate, where the appellant, relying npon the dne execution of such contract, alleges that he went into possession of the property and…
2Cases cited1 opinion
- Dye v. MontagueWisconsin Supreme Court · 1859
3Cited by4 opinions
- Security Savings Co. v. MackenzieOregon Supreme Court · 1898
- Sizer v. ClarkWisconsin Supreme Court · 1903
- Dr. Harter Medicine Co. v. HopkinsWisconsin Supreme Court · 1892
- Lincoln-Lucky & Lee Mining Co. v. District CourtNew Mexico Supreme Court · 1894