Andrews v. Youmans
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wcmkesha County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, that the plaintiff was the owner of lot 1 in block A of Youmans’ addition to Muk-wanago; that said lot fronts on Clarendon avenue in said village; that in November, 1887, and December, 1888, the defendant, without leave of the plaintiff and against his protest, cut down, carried away, and converted to his own use…
Read the full summary
APPEAL from the Circuit Court for Wcmkesha County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, that the plaintiff was the owner of lot 1 in block A of Youmans’ addition to Muk-wanago; that said lot fronts on Clarendon avenue in said village; that in November, 1887, and December, 1888, the defendant, without leave of the plaintiff and against his protest, cut down, carried away, and converted to his own use fourteen shade trees standing in that half of said Clarendon avenue next to said lot and in front of the same, for which the…
1Opinion of the CourtCassodat, J.
All antecedent and contemporaneous verbal negotiations and agreements between the parties respecting the purchase of the lot must be regarded as having merged in or been excluded by the deed from the defendant to the plaintiff executed and delivered October 20,1886. Herbst v. Lowe, 65 Wis. 320, 321. It is conceded that that deed conveyed to the plaintiff lot 1 in block A of Youmans’ addition to the village; that the same fronted on Clarendon avenue; and that at least some of the trees cut and removed by the defendant stood, at the time of such conveyance, on the half of the street adjoining…
2Cases cited9 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Rich v. City of MinneapolisSupreme Court of Minnesota · 1887
- Viliski v. City of MinneapolisSupreme Court of Minnesota · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Loud v. BrooksMichigan Supreme Court · 1928
- Plesko v. Allied Investment Co.Wisconsin Supreme Court · 1961
- Wegge v. MadlerWisconsin Supreme Court · 1906
- Smith v. City of BeloitWisconsin Supreme Court · 1904
- Lane v. LamkeAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.