Legal Opinion

Wilcox v. Scallon

Wisconsin Supreme Court

Decided November 26, 1907PublishedCited by 2 opinions

Appeal from an order of the circuit court for Sauk county: E. Rat Stevexs, Circuit Judge. The plaintiffs are children and the widow of Thomas J. Wilcox. Two of the minor children appear by guardian ad litem.

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Appeal from an order of the circuit court for Sauk county: E. Rat Stevexs, Circuit Judge. The plaintiffs are children and the widow of Thomas J. Wilcox. Two of the minor children appear by guardian ad litem. It is alleged that on January 16, 1896, the defendant William 8callón was the owner in fee and in possession of certain premises, and that on that day he made an oral agreement to sell and convey these premises to the father of the plaintiffs on the following terms: That Thomas J. Wilcox should pay down a certain part of the purchase price, the balance to he paid at some time convenient…

1Opinion of the CourtSiebecker, J.

The complaint is one for the speciffc performance of a contract for the sale of land by the defendant William Scallon to Thomas J. Wilcox. It is alleged that the conditions of the agreement as modified by the parties thereto have been performed on the part of the vendee, Thomas J. Wilcox, but that the vendor, William Scallon, defendant in this action, refuses to carry out his obligations and refuses to convey the premises as it is claimed he agreed to do. The complaint is demurred to on several grounds, and the trial court overruled the demurrer as to the defendant William Scallon.

It is now…

2Cases cited4 opinions

  1. Murray v. McGarigleWisconsin Supreme Court · 1887
  2. Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
  3. Baker v. HawkinsWisconsin Supreme Court · 1872
  4. Emerson v. SchwindtWisconsin Supreme Court · 1900

3Cited by2 opinions

  1. Simpson v. CornishWisconsin Supreme Court · 1928
  2. Buerger v. BuergerWisconsin Supreme Court · 1922

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