Eckel v. Bostwick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaulcee County. This is an action for the specific performance of an oral .agreement alleged to have been made May 1,1883, by which the defendant John M. BosPwiok, the owner of the premises in question, agreed to sell and convey the same to the plaintiff for the sum of $150, which was to be paid when the said BosiioicZe would deliver to the plaintiff a warranty -deed of the premises, and that the plaintiff should enter, .as he did, into…
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APPEAL from the Circuit Court for Ozaulcee County. This is an action for the specific performance of an oral .agreement alleged to have been made May 1,1883, by which the defendant John M. BosPwiok, the owner of the premises in question, agreed to sell and convey the same to the plaintiff for the sum of $150, which was to be paid when the said BosiioicZe would deliver to the plaintiff a warranty -deed of the premises, and that the plaintiff should enter, .as he did, into immediate possession, and has ever since held the same with the consent of the defendants. The plaintiff also alleges the…
1Opinion of the Court
FíNNky, J.
The plaintiff relies upon on oral agreement for the conveyance of the premises, and part performance of it, to take the case out of the operation of the statute of frauds. The evidence seems to be sufficient to establish the contract upon all the material points, except in respect to the important and vital one of the price or consideration to be paid for the premises. Upon this point the parties flatly and positively contradict each other, and there is no evidence corroborating the plaintiff’s statement. The result is that the contract is not made out with the clearness and…
2Cases cited4 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Knoll v. HarveyWisconsin Supreme Court · 1865
- Richards v. AllisWisconsin Supreme Court · 1892
- Hibbert v. MackinnonWisconsin Supreme Court · 1891
3Cited by5 opinions
- Kipp v. LaunWisconsin Supreme Court · 1911
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- Marshall & Ilsley Bank v. SchuerbrockWisconsin Supreme Court · 1928
- Depies-Heus Oil Co. v. SielaffWisconsin Supreme Court · 1944
- Schneider v. ReedWisconsin Supreme Court · 1905