Wilcox v. Scallon
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: E. Eat SteveNS, Circuit Judge. This action was brought to enforce specific performance of' a contract made in January, 1896. Tbe-alleged contract is based upon tbe execution of a deed placed in escrow, to be delivered upon payment of tbe balance of purchase money. It is alleged in tbe complaint that tbe plaintiffs tendered tbe balance due on tbe purchase price and that tbe defendants refused to deliver tbe deed.
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Appeal from a judgment of tbe circuit court for Sauk county: E. Eat SteveNS, Circuit Judge. This action was brought to enforce specific performance of' a contract made in January, 1896. Tbe-alleged contract is based upon tbe execution of a deed placed in escrow, to be delivered upon payment of tbe balance of purchase money. It is alleged in tbe complaint that tbe plaintiffs tendered tbe balance due on tbe purchase price and that tbe defendants refused to deliver tbe deed. Tbe prayer is that tbe defendants be required to deliver tbe deed and convey tbe lands to the-plaintiffs and for general…
1Opinion of the Court
Tbe following opinion was filed October 4,1910:
BjeewiN, J.
Tbe findings of tbe court below are attacked by tbe appellants, and they say in tbeir brief that tbe only question in tbe case is, Did Tbomas J. Wilcox, in failing to. pay tbe balance on the land, give up bis right to tbe deed, and was a new arrangement made ? Tbe findings are set out in tbe statement of facts and there is ample evidence to support them. Tbe material question for consideration, therefore, is whether upon tbe findings thus made tbe appellants were entitled to judgment. It is argued by appellants that tbe respondent,…
2Cases cited6 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Strain v. GardnerWisconsin Supreme Court · 1884
- Maxon v. GatesWisconsin Supreme Court · 1901
- Goldsmith v. DarlingWisconsin Supreme Court · 1896
- Hutchins v. Da CostaWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sheldon v. StaggCourt of Appeals of Texas · 1943
- Holly v. First National Bank of KenoshaWisconsin Supreme Court · 1935