Hutchinson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The complaint alleges that the plaintiff, being then the owner of the premises therein described, and the defendant, on or •about the 1st day of February, 1872, entered into a written •contract of which the following is a copy: “Know all men by these presents, that I, John Hutchinson, of the county of Juneau and state of Wisconsin, in consideration of the probable location of the Chicago and Northwestern Railway over the…
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APPEAL from the Circuit Court for Juneau County. The complaint alleges that the plaintiff, being then the owner of the premises therein described, and the defendant, on or •about the 1st day of February, 1872, entered into a written •contract of which the following is a copy: “Know all men by these presents, that I, John Hutchinson, of the county of Juneau and state of Wisconsin, in consideration of the probable location of the Chicago and Northwestern Railway over the premises hereinafter described, and of the sum of one dollar, I hereby acknowledge to have received of the Chicago and…
1Opinion of the CourtRyan, C. J.
The counsel on both sides agree that this is an action on the instrument set forth in the complaint, and we agree with them. How that accords with some of the positions of the parties in the court below and in this court,' we need not stop to inquire.
The court below, on the prayer of the appellant, charged the jury that the contract is an ex parte contract; in legal effect an offer of the respondent to give the right of way on the terms stated, not binding the appellant or making it liable for violation of its terms. If that be so, it is difficult to understand on what ground the,court below…
2Cases cited9 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Ganson v. MadiganWisconsin Supreme Court · 1860
- Sabine v. JohnsonWisconsin Supreme Court · 1874
- Vilas v. DickinsonWisconsin Supreme Court · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Memory v. NiepertIllinois Supreme Court · 1890
- Weyer v. Chicago, Wisconsin & Northern RailroadWisconsin Supreme Court · 1887
21 more not listed; retrieve them via the Exa API.