Horn v. Ludington
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for the specific performance of a parol contract to convey real estate. The defendant Ludington demurred to the complaint as not stating a cause of action, and also upon the ground that the complaint itself showed upon its face that plaintiff had a perfect remedy at law. The allegations of the complaint are fully stated in the' opinion.
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APPEAL from the Circuit Court for Milwaukee County. Action for the specific performance of a parol contract to convey real estate. The defendant Ludington demurred to the complaint as not stating a cause of action, and also upon the ground that the complaint itself showed upon its face that plaintiff had a perfect remedy at law. The allegations of the complaint are fully stated in the' opinion. The court sustained the demurrer; and plaintiff appealed. argued, 1. That the agreement with the plaintiff was valid and binding, the whole consideration having been paid, and the entire agreement…
1Opinion of the CourtOole, J.
This is an action to give effect to, or to enforce, a verbal agreement in respect to real estate. The complaint states substantially that the property known as the first division of the Milwaukee and Superior railroad, extending from Milwaukee to Green Bay, including the right of way, depot grounds, bridges and superstructure of the road, was sold at a foreclosure sale in March, 1859, and purchased by the defendants Cross, Ludington and Scott, at the marshal’s sale, in equal portions, but Cross took the deed in his own name for the use and benefit of himself, Scott and Ludington jointly; that…
2Cases cited4 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Smith v. FinchWisconsin Supreme Court · 1859
- Daniels v. LewisWisconsin Supreme Court · 1862
3Cited by15 opinions
- Kipp v. LaunWisconsin Supreme Court · 1911
- Wagonblast v. WhitneyOregon Supreme Court · 1885
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Cutler v. BabcockWisconsin Supreme Court · 1892
- Trebesch v. TrebeschSupreme Court of Minnesota · 1915
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