Wells v. Millet
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Paevne County. Action to enforce tbe specific performance of a contract to convey lands in payment for a barge and tbe half interest in a steamboat, alleged to have been sold by plaintiff to defendant. Tbe plaintiff excepted to tbe findings of fact and conclusions of law of tbe-circuit court, and appealed from a judgment for tbe defendant.
1Opinion of the CourtCole, J.
The circuit court refused to enforce a specific performance of the contract mentioned in the complaint, upon two grounds: - first, because tbe evidence showed that tbe parties plaintiff and defendant mutually agreed to and did rescind tbe contract on tbe 23d day of October, 1865; and second, because tbe plaintiff, at the time tbe contract was entered into, made representations to the defendant in regard to tbe character and pecuniary circumstances of Moulton, upon which the defendant relied, and which were untrue. After a careful examination of tbe whole testimony in tbe case, we are inclined…
2Cited by2 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- Kelly v. BlissWisconsin Supreme Court · 1882