Woodford v. Marshall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The facts will sufficiently appear from the opinion. The plaintiff appealed from an order overruling the demurrer to the counterclaim. in addition to cases referred to in the opinion, cited Delaney v. McDonald, 41 Wis. 108; Yan Trott v. Wiese, 36 id. 439,448; Oase v.í?ish, 58 id. 56-108; Adams v. Sage, 28 N. Y. 103; 2 Parsons on Cont. (6th ed.), 782, and cases cited.
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APPEAL from the Circuit Court for Brown County. The facts will sufficiently appear from the opinion. The plaintiff appealed from an order overruling the demurrer to the counterclaim. in addition to cases referred to in the opinion, cited Delaney v. McDonald, 41 Wis. 108; Yan Trott v. Wiese, 36 id. 439,448; Oase v.í?ish, 58 id. 56-108; Adams v. Sage, 28 N. Y. 103; 2 Parsons on Cont. (6th ed.), 782, and cases cited. They contended, inter alia, that the affirmance of a contract by a vendee after discovery of the fraud merely extinguishes his right to rescind. His other remedies remain…
1Opinion of the CourtOrton, J.
This action is for the balance of purchase money due on the sale of certain pine lands by the plaintiff to the defendant. The defendant counterclaimed that, at the time of said sale, the plaintiff had had an estimate of the pine timber on said lands made, and had ascertained that there was on the "same 8,500,000 feet of such pine timber, and represented to the defendant that there was such an amount of pine timber on said lands. The answer further stated that the consideration of said purchase was determined from said amount of pine timber standing on said land, aud that the defendant relied…
2Cases cited6 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Reid v. HibbardWisconsin Supreme Court · 1858
- Williams v. PhelpsWisconsin Supreme Court · 1862
- Strasser v. ConklinWisconsin Supreme Court · 1882
- Grannis v. HookerWisconsin Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Grant v. HarrisSupreme Court of Virginia · 1914
- Barndt v. FrederickWisconsin Supreme Court · 1890
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Tatman v. Philadelphia, Baltimore & Washington RailroadCourt of Chancery of Delaware · 1913
3 more not listed; retrieve them via the Exa API.