Buck v. Pond
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marquette county: E. Ray SteveNS, Circuit Judge. This is an action for the value of services performed and money expended by ithe plaintiff in clearing, breaking, and fencing a forty-acre tract of land belonging to the defendant.
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Appeal from a judgment of the circuit court for Marquette county: E. Ray SteveNS, Circuit Judge. This is an action for the value of services performed and money expended by ithe plaintiff in clearing, breaking, and fencing a forty-acre tract of land belonging to the defendant. The answer of the defendant admitted the ownership of the land, and alleged that," before the performance of the labor and the furnishing of materials by the plaintiff, the defendant • sold the premises to the plaintiff by a valid contract of sale, which the plaintiff failed to perform. The evidence showed that the…
1Opinion of the Court
WiNsnow, T.
The defendant’s claim is that the evidence shows that the plaintiff went into possession of the premises and performed the labor for which he sues under a valid and enforcible contract for the sale of the land, and that hence the plaintiff’s remedy,is by action to enforce the contract and not by action for the value of labor performed and materials furnished. Cameron v. Austin, 65 Wis. 652, 27 N. W. 622. This claim was rejected by the trial court, and we think rightly so. Specific performance of a contract will not be decreed unless its essential terms are clearly and definitely…
2Cases cited3 opinions
- Schmeling v. KrieselWisconsin Supreme Court · 1878
- Hadfield v. BartlettWisconsin Supreme Court · 1886
- Cameron v. AustinWisconsin Supreme Court · 1886
3Cited by15 opinions
- Trotter v. LewisCourt of Appeals of Maryland · 1946
- Saye v. Adams Loan & Investment Co.Supreme Court of Georgia · 1931
- Goldstine v. TolmanWisconsin Supreme Court · 1914
- Erwin v. HardinSupreme Court of Georgia · 1938
- Kenner v. Edwards Realty & Finance Co.Wisconsin Supreme Court · 1931
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