Woldenberg v. Riphan
Wisconsin Supreme Court
Appeai. from a judgment of the circuit court for Dane county: E. Ray Steveeís, Circuit Judge. Action for specific performance of a contract for tbe exchange of land. There was a counterclaim asking that the alleged contract be canceled. Plaintiff engaged one O. N. Robbins to. sell or exchange his farm. Defendant employed one Delaney to sell or exchange his flat building.
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Appeai. from a judgment of the circuit court for Dane county: E. Ray Steveeís, Circuit Judge. Action for specific performance of a contract for tbe exchange of land. There was a counterclaim asking that the alleged contract be canceled. Plaintiff engaged one O. N. Robbins to. sell or exchange his farm. Defendant employed one Delaney to sell or exchange his flat building. Defendant viewed the farm with Robbins and afterwards signed the following contract brought him by Delaney and accepted by plaintiff within five days after defendant signed it: “To 0. N. Bobbins, Madison, Wis. ‘‘Sir: I hereby…
1Opinion of the CourtRoseNbeeby, J.
In overruling the demurrer to the counterclaim the trial court said:
“The cases cited by the defendant establish the rule that rescission may be had in the -case of a unilateral mistake only in the event that the mistake did not result from the want of that degree of care and diligence which would be *435exercised by persons of reasonable prudence when acting under the same or .similar circumstances. . . . This is a question so largely a matter of fact in each case that the court ought not to decide it on pleadings alone, except in those cases where the pleadings lead to but one conclusion when…
2Cases cited23 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Herbst v. LoweWisconsin Supreme Court · 1886
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Lusted v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Chandler v. GaultWisconsin Supreme Court · 1923
- Douglass v. RansomWisconsin Supreme Court · 1931
- Helbig v. BonsnessWisconsin Supreme Court · 1938
- Droppers v. HandWisconsin Supreme Court · 1932
- Fontaine v. Brown County Motors Co.Wisconsin Supreme Court · 1947
8 more not listed; retrieve them via the Exa API.