Carlock v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas county: Oiiaeles Smith, Judge. Action to recover for money bad and received.
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Appeal from a judgment of tbe superior court of Douglas county: Oiiaeles Smith, Judge. Action to recover for money bad and received. Plaintiff paid $250 to defendant on a paper wbicb, so far as tbe same needs to be examined, was as-follows: “Received of G. B. Garloch, purchaser, tbis 6tb day of March, A. D. 1915, tbe sum of two hundred fifty dollars • ($250) as earnest money and in part payment for tbe purchase of tbe following described real property in tbe city of Superior, Douglas county, Wisconsin [describing twenty-four city lots], sold to said purchaser . . . for seven. thousand nine…
1Opinion of the CourtMarshall, J.
It is conceded that unless tbe contract was sufficient to satisfy tbe statute of frauds, it was not binding on respondent and tbe judgment is right. In that case performance could not have been judicially enforced, nor damages be recovered for a breach.
*52Counsel for appellant seem to further concede that the clause relating to a future agreement as to the amount to he paid for releases was a material part of the contract, but contend that the agreement contemplated that such clause should be embodied in the mortgage and the amount for releases be agreed upon from time to time as lots were sold…
2Cases cited5 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Harney v. BurhansWisconsin Supreme Court · 1895
- Buck v. PondWisconsin Supreme Court · 1905
- Cameron v. AustinWisconsin Supreme Court · 1886
3Cited by4 opinions
- Brothers v. AraveIdaho Supreme Court · 1946
- Durkin v. MacheskyWisconsin Supreme Court · 1922
- Helmholz v. GreeneWisconsin Supreme Court · 1921
- Mann v. BeckerWisconsin Supreme Court · 1920