Falkner v. Guild
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, DANE COUNTY. This was an action commenced by James P. Falkner against Loring Guild to recover back money paid upon a land contract, on the ground of the defendant’s want of title to the land.
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APPEAL FROM CIRCUIT COURT, DANE COUNTY. This was an action commenced by James P. Falkner against Loring Guild to recover back money paid upon a land contract, on the ground of the defendant’s want of title to the land. The complaint was framed upon the following paper: Madison, Wisconsin, July 28, 1855. Sir : — You have this day purchased from me lots one and two, in block No. 1, of Guild’s Addition to Madison, at the price of two thousand and one hundred dollars, of which I acknowledge the receipt of one-third, $700. The remaining two-thirds to be paid by equal annual instalments of $700…
1Opinion of the Court
By the Court,
Paine, J.
The appellant agreed to convey to the respondent, by a “ a valid warranty deed,” on the first day of March, 1856, certain lots. The respondent paid $700, part of the contract price, at the making of the contract The conveyance was not made, and this action was brought to recover back the money paid, the respondent alleging that at the time appointed for the conveyance, the appellant liad no title to the lots, and taking upon himself the burden of establishing that fact
We have no doubt of his right to maintain the action, if he could establish it. We do not think he was…
2Cases cited1 opinion
- Rape v. HeatonWisconsin Supreme Court · 1859
3Cited by18 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Tallman v. McCartyWisconsin Supreme Court · 1860
- Arentsen v. MorelandWisconsin Supreme Court · 1904
- Ely v. TallmanWisconsin Supreme Court · 1861
- Neff v. RubinWisconsin Supreme Court · 1915
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