Jones v. Pease
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for the specific performance of an oral contract for the conveyance of land.
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APPEAL from the Circuit Court for Dodge County. Action for the specific performance of an oral contract for the conveyance of land. The complaint avers that on the 21st of March, 1866, defendant was owner in fee and in possession of a certain grist-mill and water-power, in the village of Lowell, in said county, and also of a certain other lot in said village, described as “lot 15, block D,” &c.; and also owned a team of horses, a double wagon, sleigh and harness; that on that day plaintiff and defendant entered into a mutual agreement, by which defendant was to convey and transfer to…
1Opinion of the CourtDowner, J.
The parol contract set out in the complaint is admitted or proved, except that part relating to the execution of a bond for the reconveyance of the land the plaintiff agreed to convey to the defendant as security for the payment of one thousand dollars and interest. The execution of the bond, or. agreement to execute it, we do not deem material; but if material, the weight of testimony is with the plaintiff. The main question for our consideration is, whether the part performance proved is such as to entitle the plaintiff to the aid of the court to compel a specific performance of the…
2Cited by4 opinions
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