Poole v. Tannis
Wisconsin Supreme Court
Appeal from a judgment of the county court of Waukesha county: M. S. Gkiswold, Judge. Plaintiff alleged that she advanced $900 to the defendant, her son, to be used in purchasing a lot and in erecting a homestead, with the understanding that she was to receive a four per cent, mortgage therefor; that the money was expended, $300 in the purchase and $600 with other moneys in the erection of a house; and that defendant refuses to execute the mortgage.
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Appeal from a judgment of the county court of Waukesha county: M. S. Gkiswold, Judge. Plaintiff alleged that she advanced $900 to the defendant, her son, to be used in purchasing a lot and in erecting a homestead, with the understanding that she was to receive a four per cent, mortgage therefor; that the money was expended, $300 in the purchase and $600 with other moneys in the erection of a house; and that defendant refuses to execute the mortgage. She prayed specific performance and other general relief. The defendant contended that the money had been given to him upon his promise to pay…
1Opinion of the Court
The following opinion was filed November 10, 1908:
SiebeckeR, J.
The court’s findings upon the conflicting evidence of the parties cannot be disturbed as being against the preponderance of the testimony. The evidence presented fully sustains the court’s findings, to the effect that there was an agreement that plaintiff should advance the money to defendant and that he was to use it to purchase a lot and in the construction of a house thereon, and that the repayment of the sum advanced should be secured by the house and lot. It is established that no part of the sum so advanced to defend*365ant bas…
2Cases cited5 opinions
- Leary v. . CorvinNew York Court of Appeals · 1905
- Buck v. PondWisconsin Supreme Court · 1905
- Hughes v. MullaneySupreme Court of Minnesota · 1904
- Bartle v. BartleWisconsin Supreme Court · 1907
- Osgood v. OsgoodMichigan Supreme Court · 1889
3Cited by11 opinions
- Milam v. MilamTennessee Supreme Court · 1917
- Goldstine v. TolmanWisconsin Supreme Court · 1914
- Kenner v. Edwards Realty & Finance Co.Wisconsin Supreme Court · 1931
- Strack v. RoetzelSupreme Court of Oklahoma · 1915
- Cargill Coal Co. v. ValentineWisconsin Supreme Court · 1957
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