Wisconsin Central Railway Co. v. Schug
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for St'. Croix county: E. W. Helms, Circuit Judge. Action for specific performance of a land contract.
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Appeal from a judgment of tbe circuit court for St'. Croix county: E. W. Helms, Circuit Judge. Action for specific performance of a land contract. Tbe facts were as follows: May 24, 1910, tbe defendants, in consideration of $5 then paid by tbe plaintiff, granted in writing Jo tbe plaintiff tbe right to purchase within thirty days thereafter, if it should so elect, a certain specifically described parcel of land over which the plaintiff’s right of way was already staked out, in consideration of $695 to be paid on delivery of the deed, and “a deed of conveyance of those certain tracts of land…
1Opinion of the CourtWiNslow, C. J.
In this case it is held:
1. A land contract which does not specifically describe the land to be conveyed, but refers to it. in such terms that by the aid of the facts and circumstances surrounding the parties at the time the court can with reasonable certainty determine the land which is to be conveyed, satisfies the statute of frauds in this regard and may be enforced. Messer v. Oestreich, 52 Wis. 684, 10 N. W. 6; Docter v. Hellberg, 65 Wis. 415, 27 N. W. 176; Inglis v. Fohey, 136 Wis. 28, 116 N. W. 857.
2. A contract to convey land is not breached by reason of the existence of a railroad…
2Cases cited4 opinions
- Messer v. OestreichWisconsin Supreme Court · 1881
- Inglis v. FoheyWisconsin Supreme Court · 1908
- Docter v. HellbergWisconsin Supreme Court · 1886
- Smith v. HughesWisconsin Supreme Court · 1880
3Cited by16 opinions
- Gifford v. StraubWisconsin Supreme Court · 1920
- Kuester v. RowlandsWisconsin Supreme Court · 1947
- Pierson v. DorffWisconsin Supreme Court · 1929
- Stuesser v. EbelWisconsin Supreme Court · 1963
- Fidelity & Deposit Co. of Maryland v. MadsonWisconsin Supreme Court · 1930
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