Lyman v. Babcock
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. An agreement was entered into between one Geo. C. Smith and the plaintiff, dated November 6, 1871, whereby Smith, in consideration of $2 per acre, agreed to sell and did sell to the plaintiff an undivided one-half of about 24,000 acres of land lying in Wisconsin, “ being the third acceptance on the United States military road commencing at Fort Howard and running northwest.”
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APPEAL from tbe Circuit Court for Fond du Lao County. An agreement was entered into between one Geo. C. Smith and the plaintiff, dated November 6, 1871, whereby Smith, in consideration of $2 per acre, agreed to sell and did sell to the plaintiff an undivided one-half of about 24,000 acres of land lying in Wisconsin, “ being the third acceptance on the United States military road commencing at Fort Howard and running northwest.” The contract recited that the title to said lands was in litigation, and the sale was declared to be upon condition that Smith or his brother could make good title to…
1Opinion of the CourtRyan, C. J.
I. Tbe objections seriously urged against tbe respondent’s right of recovery, as we understand them, resolve themselves into three.
First. It was claimed that tbe only consideration to support tbe appellant’s agreement was tbe respondent’s payment of bis own debt to tbe appellant; and that payment of a debt is not a valid consideration for a new promise to tbe debtor. But, assuming for tbe present tbe appellant’s construction of tbe contract, tbe nature of tbe respondent’s liability to tbe appellant does not appear: whether legal or equitable; whether before or then only liquidated; whether…
2Cases cited5 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Pierce v. JungWisconsin Supreme Court · 1859
- Laubenheimer v. MannWisconsin Supreme Court · 1865
- Yenner v. HammondWisconsin Supreme Court · 1874
- Fitzpatrick v. CottinghamWisconsin Supreme Court · 1861
3Cited by36 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Lone Star Salt Co. v. Texas Short Line Railway Co.Texas Supreme Court · 1906
- Dick v. HeislerWisconsin Supreme Court · 1924
- Wier v. SimmonsWisconsin Supreme Court · 1882
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