Schoblasky v. Rayworth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: John Goodland, Circuit Judge. The complaint averred in substance that defendant sold to the plaintiff and the plaintiff paid for certain personal property, part of which defendant failed to deliver to plaintiff and part of which, was delivered to plaintiff bnt taken from her upon replevin by the true owner.
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Appeal from a judgment of the circuit court for Langlade county: John Goodland, Circuit Judge. The complaint averred in substance that defendant sold to the plaintiff and the plaintiff paid for certain personal property, part of which defendant failed to deliver to plaintiff and part of which, was delivered to plaintiff bnt taken from her upon replevin by the true owner. The defendant, answering, averred that he sold the plaintiff a certain piece of land with the personal property thereon owned by defendant, and executed to the plaintiff a deed of the land and a bill of sale of the personal…
1Opinion of the CourtTimlin, J.
The court directed a verdict for the plaintiff, holding that the parol evidence was inadmissible to contradict the written bill of sale. It has been ruled that a written agreement may be modified after its execution by parol. The modification need not rest on any new consideration. Montgomery v. Am. Cent. Ins. Co. 108 Wis. 146, 84 N. W. 175; Brown v. Everhard, 52 Wis. 205, 8 N. W. 725; Kelly v. Bliss, 54 Wis. 187, 11 N. W. 488; Ruege v. Gates, 71 Wis. 634, 38 N. W. 181; Wis. S. F. Co. v. D. K. Jeffris L. Co. 132 Wis. 1, 111 N. W. 237.
But it is an essential part of this rule that the parol…
2Cases cited8 opinions
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
- Brown v. EverhardWisconsin Supreme Court · 1881
- Kelly v. BlissWisconsin Supreme Court · 1882
- Wisconsin Sulphite Fibre Co. v. D. K. Jeffris Lumber Co.Wisconsin Supreme Court · 1907
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Miller v. StanichWisconsin Supreme Court · 1930
- Foley v. MarschWisconsin Supreme Court · 1916
- Holly v. First National Bank of KenoshaWisconsin Supreme Court · 1935
- Miller Saw-Trimmer Co. v. CheshireWisconsin Supreme Court · 1920
- Mollet v. BloedornWisconsin Supreme Court · 1937