Webster v. Tibbits
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This action was brought by Oatharine Webster, as adminis-tratrix of the estate of Lemuel Webster, deceased, against Samuel H. Tibbits, Asa Foster and Sally P. Tibbits.
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APPEAL from the Circuit Court for Jefferson County. This action was brought by Oatharine Webster, as adminis-tratrix of the estate of Lemuel Webster, deceased, against Samuel H. Tibbits, Asa Foster and Sally P. Tibbits. After the proper allegations as to the representative character of the plaintiff, the complaint alleges in substance the following facts: In the life time of her decedent he was the owner and in possession of certain described lands in Walworth county in this state, comprising about 325 acres and worth $6000. On the 19th of October, 1854, he mortgaged said lands to one Persons…
1Opinion of the Court
By the Court,
Dixoh, O. J.
It is a familiar rule that the time in which a written contract is to be performed may be enlarged, or the manner of performance changed, by a subsequent parol agreement; and that a performance .according to such parol agreement discharges the written contract. The following are some among the earlier cases in which the rule is strongly illustrated: Cuff v. Penn, 1 Maule & Selwyn, 21; Fleming v. Gilbert, 3 Johns., 528; Keating v. Price, 1 Johns. Cases, 22 ; Robinson v. Batchelder, 4 N. H., 40. And it seems not very material to discuss the reasons of the rule ; for…
2Cases cited2 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
3Cited by10 opinions
- Finch v. NobleWashington Supreme Court · 1908
- Cox v. YeazelNebraska Supreme Court · 1896
- Mark Paine Lumber Co. v. Douglas County Improvement Co.Wisconsin Supreme Court · 1896
- McGonigal v. ColterWisconsin Supreme Court · 1873
- Livermore v. County of NorfolkMassachusetts Supreme Judicial Court · 1904
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