Fery v. Pfeiffer
Wisconsin Supreme Court
APPEAL from the Circuit Court for 1Washington County. This action was brought in February, 1863, by Claude Fery against John, Matthias and Adelheide Pfeiffer. The complaint alleges that on the 1st of October, 1861, John Pfeiffer and the plaintiff entered into an agreement or lease which they caused to be reduced to writing; and what purports to be a copy of said lease is set forth in the complaint.
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APPEAL from the Circuit Court for 1Washington County. This action was brought in February, 1863, by Claude Fery against John, Matthias and Adelheide Pfeiffer. The complaint alleges that on the 1st of October, 1861, John Pfeiffer and the plaintiff entered into an agreement or lease which they caused to be reduced to writing; and what purports to be a copy of said lease is set forth in the complaint. By its terms, as thus set forth, said John Pfeiffer lets to said Claude Fery, for six years from October 1, 1861, eighty acres of land therein described, “ consisting of twenty acres of woods,…
1Opinion of the Court
*516 By the Court,
DIXON, C. J.
If tbe complaint was defective in not averring that tbe name Nicolaus Eery, instead of Claud Fery, was inserted by mistake of tbe draftsman in tbe original draft of tbe lease, certainly tbe amendment proposed by tbe plaintiff should have been allowed. There is nothing so nice or technical in a complaint for specific performance, as to take it out of tbe operation of tbe statute of amendments, or to deprive tbe court of power to relieve tbe plaintiff from tbe mistake or omission of bis counsel. Tbe chief point of objection, as we understand it, is, that it would be…
2Cited by6 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
- Seaman v. AschermannWisconsin Supreme Court · 1881
- Pippin v. RichardsWisconsin Supreme Court · 1911
- Lamoreux v. HuntleyWisconsin Supreme Court · 1887
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