Paine v. Wilcox
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The plaintiff, Nathan Paine, in his complaint brought against Calvin Wilcox, Fdwin Wheeler and Cornelius Coolbaugh, alleged in substance that one Geo.
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APPEAL from the Circuit Court for Fond du Lao County. The plaintiff, Nathan Paine, in his complaint brought against Calvin Wilcox, Fdwin Wheeler and Cornelius Coolbaugh, alleged in substance that one Geo. M Paine was on the 13th day of August, 1857, the owner in fee of certain lots in the city of Oshkosh, in the county of 'Winnebago, and that on that day he mortgaged the same to tbe defendant Wilcox, to secure tbe payment of certain promissory notes, amounting to $8,400,with interest at twelve per cent.; and that on tbe 8tb day of October, 1858, said Wilcox, commenced an action against said…
1Opinion of the Court
By the Court,
Paine, J.
We differ from the conclusion of fact arrived at by the court below “that the plaintiff had failed to show that he had entered into an agreement with the defendant Wilcox to purchase the mortgaged premises as alleged in the complaint.” And by this we do not mean to say that the proof shows that a written agreement of that' kind was completed, so as 'to make it sufficient under the statute of frauds. Nor does the complaint so allege. But we mean that such an agreement was verbally entered into; that it was a part of that agreement, that the appeal proceedings should be…
2Cited by14 opinions
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Kipp v. LaunWisconsin Supreme Court · 1911
- Wall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1893
- Seaman v. AschermannWisconsin Supreme Court · 1881
- Cutler v. BabcockWisconsin Supreme Court · 1892
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