Gall v. Gall
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Sauk county: E. Eat SteveNS, Circuit Judge. Tbe plaintiff, a widow seventy-two years old, on tbe 28tb day of November, 1893, in consideration of support and maintenance, conveyed to ber son, Charles Call, ber farm in Sauk county, consisting of 120 acres, worth about $1,500, together with personal property thereon of tbe estimated value of $400. Tbe deed was an absolute' conveyance from plaintiff to ber son, Charles Call,…
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Appeals from a judgment of tbe circuit court for Sauk county: E. Eat SteveNS, Circuit Judge. Tbe plaintiff, a widow seventy-two years old, on tbe 28tb day of November, 1893, in consideration of support and maintenance, conveyed to ber son, Charles Call, ber farm in Sauk county, consisting of 120 acres, worth about $1,500, together with personal property thereon of tbe estimated value of $400. Tbe deed was an absolute' conveyance from plaintiff to ber son, Charles Call, defendant in this action. Tbe agreement for support and maintenance was in a separate instrument executed at tbe same time as…
1Opinion of the CourtKeKWTN, J.
The main questions in controversy on Gall’s appeal are, first, whether the suit for breach of contract commenced in December, 1901, by plaintiff, and her subsequent action in accepting and receiving benefits under the contract, amounted to an election of remedies on her part so as to bar the present suit; and, second, If such was not an election of remedies, do the findings of fact warrant the judgment, and are they sustained by the evidence ?
1. The conveyance of the premises in question by plaintiff to defendant Charles Gall, in consideration of support, maintenance, medical treatment, good…
2Cases cited6 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Barth v. LoeffelholtzWisconsin Supreme Court · 1901
- Carroll v. FethersWisconsin Supreme Court · 1899
- Knutson v. BostrakWisconsin Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jensen v. Janesville Sand & Gravel Co.Court of Appeals of Wisconsin · 1987
- Smith v. HoffmanMontana Supreme Court · 1919
- Krahn v. GoodrichWisconsin Supreme Court · 1917
- Van Sickle v. KeckNew Mexico Supreme Court · 1938
- Stadler v. RohmWisconsin Supreme Court · 1968
4 more not listed; retrieve them via the Exa API.