Bast v. Sproll
Wisconsin Supreme Court
Appeal from an order of the circuit court for Manitowoc county: Michael Kir wan, Circuit Judge. The complaint alleged the making and signing of a written contract by the parties on May 11, 1920. It was to the effect that, on the condition that one Mr. Loessel should buy defendants’ farm or that it should be sold for $13,500 or more, the defendants would buy the plaintiff’s “residence and lots in St. Nazianz, Wisconsin [there being no further or other description thereof],…
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Appeal from an order of the circuit court for Manitowoc county: Michael Kir wan, Circuit Judge. The complaint alleged the making and signing of a written contract by the parties on May 11, 1920. It was to the effect that, on the condition that one Mr. Loessel should buy defendants’ farm or that it should be sold for $13,500 or more, the defendants would buy the plaintiff’s “residence and lots in St. Nazianz, Wisconsin [there being no further or other description thereof], for $7,000. Five thousand dollars cash to be paid by the 15th of June or the time the place is bought, should it be a…
1Opinion of the CourtEschweiler, J.
Upon this appeal appellant plaintiff presents no question other than his assertion of a right to recover the sum of $7,000 mentioned in the agreement set forth in the complaint as though such were a promissory note by defendants for that amount, and states in his brief that this is not an action for specific performance but for money as upon a completed sale.
He contends that the clause in the contract, “in case of sale of our farm as stated above, this paper will constitute a note for the above amount, $f,ooo, until paid, interest at the same rate as paid on the farm,” contains all the…
2Cases cited9 opinions
- Irish v. DeanWisconsin Supreme Court · 1876
- Schmeling v. KrieselWisconsin Supreme Court · 1878
- Bartz v. PaffWisconsin Supreme Court · 1897
- Rahm v. CummingsSupreme Court of Minnesota · 1915
- Buck v. PondWisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kenner v. Edwards Realty & Finance Co.Wisconsin Supreme Court · 1931
- Cargill Coal Co. v. ValentineWisconsin Supreme Court · 1957