Niland v. Murphy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover the sum of $6,000, being the purchase price of land conveyed to the defendant pursuant to an oral contract of sale.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Action to recover the sum of $6,000, being the purchase price of land conveyed to the defendant pursuant to an oral contract of sale. The defendant purchased the land of the plaintiff’s agent, McDermott, at Ashland on March 25, 1887, and under his instructions a deed, together with drafts of notes and a mortgage to be given for deferred payments, was sent to him at Milwaukee on the day of sale, upon the receipt of which he was to forward to McDermott his draft for $1,500, and execute and return the notes and .mortgage. The defendant received…
1Opinion of the Court
Oole, O. J.
To our minds the proof is perfectly conclusive that the defendant accepted the deed which was sent to him at Milwaukee pursuant to the understanding at the time of the purchase at Ashland. He requested the agents of the plaintiff to send the deed by mail to him there, when he agreed to remit the $1,500 and execute the notes and mortgage for the deferred payments. The evidence shows that the deed was sent and was accepted. These facts, we think, are proven by the most satisfactory testimony. The court below so found, and no other inference could be made from the admitted facts. The…
2Cases cited10 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Bowen v. BellNew York Supreme Court · 1823
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Remington v. . PalmerNew York Court of Appeals · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Norton v. BrinkNebraska Supreme Court · 1906
- Smith v. PutnamWisconsin Supreme Court · 1900
- Huntington v. BurdeauWisconsin Supreme Court · 1912
- Pireaux v. SimonWisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.