Zimmer v. Becker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The parties entered into a contract in writing under seal, wherein the plaintiff agreed to sell, and the defendants jointly to buy, several parcels of land for the aggregate price of $é,800. Of this sum $3,200 was to be paid in cash on a certain specified day, and the defendants were to assume and pay an outstanding mortgage on some portion of the land, given to secure $1,600, which made up the residue of the purchase…
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APPEAL from the Circuit Court for Washington County. The parties entered into a contract in writing under seal, wherein the plaintiff agreed to sell, and the defendants jointly to buy, several parcels of land for the aggregate price of $é,800. Of this sum $3,200 was to be paid in cash on a certain specified day, and the defendants were to assume and pay an outstanding mortgage on some portion of the land, given to secure $1,600, which made up the residue of the purchase money. The damages resulting from the failure of either party to perform the agreement were limited therein to $500. As…
1Opinion of the CourtLyoN, J.
Under the instructions of the court, the verdict for the defendant Beelter is necessarily a finding that, in the contract by which the defendant Beelter purchased the residue of the land included in the original agreement between the plaintiff of the one part, and the defendants Beelter and Funk of the other part, the plaintiff agreed that Beelcer should be released from further -liability by reason of the previous breach of that agreement, and that he would look to Funk alone for his damages therefor. The verdict is amply sustained by the testimony. The fact that such release was stipulated…
2Cases cited2 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Calkins v. StateWisconsin Supreme Court · 1861
3Cited by10 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Tatman v. Philadelphia, Baltimore & Washington RailroadCourt of Chancery of Delaware · 1913
- Ball v. McGeochWisconsin Supreme Court · 1892
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