Minert v. Emerick
Wisconsin Supreme Court
APPEAL IN EQUITT PROM THE GREEN CIRCUIT COURT. Oh the 2d day of October, 1854, the appellant, Minert, entered into a contract in writing, with one Goodlander, for the sale of certain premises in Green county; in and by which he agreed to convey to said Goodlander, in fee simple,' clear of all incumbrances, the premises sold, on or before the first day of May then next ensuing.
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APPEAL IN EQUITT PROM THE GREEN CIRCUIT COURT. Oh the 2d day of October, 1854, the appellant, Minert, entered into a contract in writing, with one Goodlander, for the sale of certain premises in Green county; in and by which he agreed to convey to said Goodlander, in fee simple,' clear of all incumbrances, the premises sold, on or before the first day of May then next ensuing. And said Goodlander on his part agreed to pay said Minert for said land $1,680.00, in manner following: $250.00 in hand, and the balance on the delivery of the deed by the vendor. The hand-money, $250.00, was paid at…
1Opinion of the Court
*358By the Goiurt,
Cole J.
We have not been able to discover any error in the decree which was entered in the circuit court in this cause. The bill was filed to enforce the specific performance of a contract in writing, which is certain and fair in all its parts, and is for an adequate consideration, and can be performed by the parties. It was objected on the argument by the counsel for the appellant that it would be inequitable and hard to enforce the performance of the contract, because the assignors of the complainant did not strictly perform the same on their own part, by paying the purchase…
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