Kelley v. Sheldon
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. The bill in this case states that on the 29th of November, 1854, Sheldon and his wife made a contract with Kelley for the sale of a quarter section of land in Cook county Illinois, for $1280, to be paid for, $100 the first of January and February each, $126,66 the first of March, $426,67 the 15th of September next after date, and $426,67 the 15th of September, 1856, with interest on all amounts due, and also pay all taxes ; that…
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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. The bill in this case states that on the 29th of November, 1854, Sheldon and his wife made a contract with Kelley for the sale of a quarter section of land in Cook county Illinois, for $1280, to be paid for, $100 the first of January and February each, $126,66 the first of March, $426,67 the 15th of September next after date, and $426,67 the 15th of September, 1856, with interest on all amounts due, and also pay all taxes ; that the three first payments had been paid ; that on the 19th of September, 1855, the defendant called for the amount due,…
1Opinion of the Court
By the Court,
Cole J.
We think it would be unconsionable to enforce a specific performance of the contract set forth in the pleadings in this case. As we understand the testimony, it shows most clearly, satisfactorily, and conclusively, that Sheldon was induced to abandon a previous contract, which he had made with Kelley, for the sale of this identical tract of land, for ten dollars an acre, and enter into the contract, which is sought to be specifically enforced, and in which the land is sold for eight dollars an acre, and this too by means of the misrepresentations and gross fraud practiced…
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