Borchert v. Skidmore Land Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. Action to foreclose a mortgage for $800 upon real estate in which it is sought to' hold the defendant Skidmore Land Company, a corporation, and a grantee of the mortgagor, F. E. Coons, liable for the amount of the mortgage debt.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. Action to foreclose a mortgage for $800 upon real estate in which it is sought to' hold the defendant Skidmore Land Company, a corporation, and a grantee of the mortgagor, F. E. Coons, liable for the amount of the mortgage debt. The defendant Land Company purchased the land under a written contract wherein it was agreed that, in consideration of certain real estate of the Land Company being deeded to F. E. Coons, he would deed the mortgaged premises to the Land Company “subject to mortgages…
1Opinion of the CourtVinje, J.
The written contract for the exchange of properties was unambiguous and complete in itself. It stated what each party agreed to do in order to secure the conveyance contracted for from the other. The Skidmore Land Company agreed to convey to Coons certain real estate in consideration of his deeding to it, subject to the mortgages in suit and others, the land it was to receive. The terms, therefore, upon which it agreed to part with its land and the terms upon which it would receive the Coons land were contractual terms. They constituted the very essence of the contract. It is a familiar rule…
2Cases cited6 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Kipp v. LaunWisconsin Supreme Court · 1911
- Jost v. WolfWisconsin Supreme Court · 1906
- Butt v. SmithWisconsin Supreme Court · 1904
- Oliver v. HeilWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
- Warren v. PulleySupreme Court of Oklahoma · 1943
- Edward T. Kelly Co. v. von ZakobielWisconsin Supreme Court · 1919
- Stuart v. CrowleyWisconsin Supreme Court · 1928
- Jarnagin v. EdwardsArizona Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.