Lommen v. Danaher
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Action for damages for breach of contract.
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Appeal from a judgment of the circuit court for La Crosse county: E. 0. Higbee, Circuit Judge. Action for damages for breach of contract. Plaintiff made a land contract with defendant whereby the latter promised to sell the former a number of tracts of Montana land “for the consideration of $66,500,” plaintiff to pay therefor by a stock of merchandise and store fixtures, located in a store building in Caledonia, Minnesota, the merchandise being inventoried at $5,000 and fixtures at $2,500, also some other personal property and some equities in real estate, such real estate to be taken subject…
1Opinion of the CourtMarshall, J.
It appears from the foregoing that the contract between the parties was wholly executory on the part of respondent at the time he rescinded it because he was unable to strictly perform as he agreed and appellant would not accept any modified performance. The latter was wholly without fault and, though he received back the stock of merchandise and store fixtures, he insisted upon the benefit of his bargain. The trial court, notwithstanding the loss of such bargain prevented appellant from making a gain, according to the verdict of the jury, of $14,750, held that he was not entitled to recover…
2Cases cited12 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- McLennan v. ChurchWisconsin Supreme Court · 1916
- People v. CampMichigan Supreme Court · 1905
- Maxon v. GatesWisconsin Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thorp Sales Corp. v. Gyuro Grading Co.Wisconsin Supreme Court · 1983
- Handicapped Children's Education Board v. LukaszewskiWisconsin Supreme Court · 1983
- Service Life Insurance v. McCulloughSupreme Court of Iowa · 1944
- Jones v. JerniganNew Mexico Supreme Court · 1924
- Erving Paper Mills v. Hudson-Sharp MacHine Co.District Court, E.D. Wisconsin · 1967
5 more not listed; retrieve them via the Exa API.