Legal Opinion

Singleton v. Hill

Wisconsin Supreme Court

Decided September 26, 1895PublishedCited by 13 opinions

Appeal- from a judgment of tbe circuit court for Juneau county: A. V. Newman, Circuit Judge. This is an action for tbe specific performance of a contract for the sale of real estate, and to set aside a deed made to tbe defendant Johnson with knowledge of such contract.

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Appeal- from a judgment of tbe circuit court for Juneau county: A. V. Newman, Circuit Judge. This is an action for tbe specific performance of a contract for the sale of real estate, and to set aside a deed made to tbe defendant Johnson with knowledge of such contract. Sheldon Eanney, who bad written authority from defendant Hill, tbe owner of certain lands, to sell the same for $175, negotiated with plaintiff in regard to such a sale, with tbe result that be received from tbe latter an offer of that sum therefor. Thereupon Eanney by letter communicated such offer to Hill. Thereafter Hill, by…

1Opinion of the CourtMaRshall, J.

Appellants excepted to the finding of fact that respondent paid jrart of the consideration and entered into possession by authority of the agent before the sale and conveyance to Johnson, and that the latter took possession with knowledge of the rights of respondent. It cannot be said there is a clear preponderance of evidence against such finding; therefore it must be sustained. Jones v. Pease, 21 Wis, 644; Docter v. Hellberg, 65 Wis. 415. This, of itself, is sufficient to entitle plaintiff to the judgment appealed from; but we think the letter written by Ranney, the agent of Hill, conveying…

2Cases cited4 opinions

  1. Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
  2. Drury v. YoungCourt of Appeals of Maryland · 1882
  3. Docter v. HellbergWisconsin Supreme Court · 1886
  4. Tice v. FreemanSupreme Court of Minnesota · 1883

3Cited by13 opinions

  1. Brown v. GilpinSupreme Court of Kansas · 1907
  2. Gifford v. StraubWisconsin Supreme Court · 1920
  3. Bronx Investment Co. v. National Bank of CommerceWashington Supreme Court · 1907
  4. Meek v. BriggsSupreme Court of Florida · 1920
  5. Helmholz v. GreeneWisconsin Supreme Court · 1921

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