Dessert v. Scott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. On September 25, 1878, the defendant JVeeves sold some pine logs and lands to the plaintiff by a written contract. This controversy does not involve the logs.
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APPEAL from the Circuit Court for Wood County. On September 25, 1878, the defendant JVeeves sold some pine logs and lands to the plaintiff by a written contract. This controversy does not involve the logs. The lands were held by him under certificates issued by the commissioners of public lands in 1869, calling for the payment of $37 on each forty acres, besides annual interest, and maturing on January 1, 1879. These certificates were then in pledge by JVeeves for the performance of another contract on which the defendant Scott was also a surety. Scott had no further interest in the…
1Opinion of the CourtCole, C. J.
It is evident that the written contract fixes or determines the rights and liabilities of the parties to it. *393The only clause as to which there is any serious difference of opinion, and which the court is called upon to interpret, is the following: “This sale subject to an amount due the state of $37 for each forty-acre tract; that amount due on the lands to the state to be deducted from the purchase money; and if any interest due the state for tlie year 1878, or anything later, parties of the first part to pay the same to January 1,1879, or up to the time of dosing this sale.”
It appears that…
2Cases cited1 opinion
- Smith v. SanbornNew York Supreme Court · 1814
3Cited by4 opinions
- Kramer v. EwingSupreme Court of Oklahoma · 1900
- Doyle v. EdwardsSouth Dakota Supreme Court · 1902
- Standard Distilling Co. v. Consolidated Adjustment Co.Appellate Court of Illinois · 1910
- Riesen v. City of MilwaukeeWisconsin Supreme Court · 1902