McConnell v. Hughes
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. Anthony Suitor died at his residence in Oskaloosa, Iowa, intestate, February 3, 1878, seised of 160 acres of land in the town of Rush River, St. Croix county, described as the S. E. £• of section 24. He left him surviving a widow, Mag-deline, and four children, to wit, Martha, born February 16, 1865; Ellen, born December 4, 1866; Louis, born February 20, 1869; and Isabella, born June 14, 1872. On February 14, 1878, W. R.…
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APPEAL from the Circuit Court for St. Croix County. Anthony Suitor died at his residence in Oskaloosa, Iowa, intestate, February 3, 1878, seised of 160 acres of land in the town of Rush River, St. Croix county, described as the S. E. £• of section 24. He left him surviving a widow, Mag-deline, and four children, to wit, Martha, born February 16, 1865; Ellen, born December 4, 1866; Louis, born February 20, 1869; and Isabella, born June 14, 1872. On February 14, 1878, W. R. Nugent was appointed administrator of the estate of said Suitor, and duly qualified as such, and on August 26, 1878, said…
1Opinion of the CourtCassoday, J.
It is true, as contended by counsel for defendants, that a party cannot maintain ah action to rescind a contract in part, oh the ground of fraud, and at the same time affirm the residue Under which he has taken a benefit. Hendricks v. Goodrich, 15 Wis. 679; Grant v. Law, 29 Wis. 99; Zitske v. Goldberg, 38 Wis. 223; Hyslip v. French, 52 Wis. 516; Hoffman v. King, 70 Wis. 381. This, however, is not such an action, although the brief of the plaintiff’s counsel seems to so designate it. From a careful examination of the complaint we are convinced that it is ah action for damages by reason of the…
2Cases cited7 opinions
- Hoffman v. KingWisconsin Supreme Court · 1888
- Grant v. LawWisconsin Supreme Court · 1871
- Hendricks v. GoodrichWisconsin Supreme Court · 1862
- Hyslip v. FrenchWisconsin Supreme Court · 1881
- Morrow v. LanderWisconsin Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bettendorf v. BettendorfSupreme Court of Iowa · 1920
- Mills v. MorrisWisconsin Supreme Court · 1914