Blanchard v. McDougal
Wisconsin Supreme Court
APPEAL PROM MILWAUKEE CIRCUIT COURT. This was a bill for specific performance of a parol agreement for rthe purchase of a lot in the city of Milwaukee. The important question in the case was upon the fact of the agreement being made, which was alleged by the complainant and denied by the defendant. It was brought to issue and tried by the court below upon testimony taken in open court, and the Circuit Judge found for the defendant.
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APPEAL PROM MILWAUKEE CIRCUIT COURT. This was a bill for specific performance of a parol agreement for rthe purchase of a lot in the city of Milwaukee. The important question in the case was upon the fact of the agreement being made, which was alleged by the complainant and denied by the defendant. It was brought to issue and tried by the court below upon testimony taken in open court, and the Circuit Judge found for the defendant. The contract as alleged in the bill, and the material testimony on both sides, are recited at length in the opinion of the court.
1Opinion of the Court
*168By the Oowt,
Smith, J".
This is a suit brought by the appellant to enforce the specific performance of a parol contract for the conveyance of land.
It is believed that this court has gone as far to enforce specifically the performance of contracts, but no farther, than the authorities will justify, or sound principles of equitable jurisprudence required; and we are not inclined to dispute the position, that part performance of a parol contract for the purchase of lands, accompanied by delivery of possession, is sufficient to take the case .out of the statute of frauds. Were that the. only…
2Cited by25 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Ellis v. CaryWisconsin Supreme Court · 1889
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Schmeling v. KrieselWisconsin Supreme Court · 1878
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