Bamber v. Savage
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action to recover damages for defendant’s refusal to accept a conveyance of, and pay for, land struck off to her, upon her bid, at a public auction sale.
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APPEAL from tbe County Court of Milwaukee County. Action to recover damages for defendant’s refusal to accept a conveyance of, and pay for, land struck off to her, upon her bid, at a public auction sale. The complaint alleges that immediately after said sale, and in consideration thereof, defendant promised to pay plaintiff $1,000 on the next day, and the balance of said bid (which balance was $1,750) on or before the 1st of May, 1880; and that a memorandum in writing of the sale was made at the time thereof by John M. Connolly, plaintiff’s duly authorized agent, in accordance with the…
1Opinion of the CourtCole, C. J.
It is perfectly evident to us that in this case there was no sufficient memorandum of the sale made, to take the case out of the statute. The statute makes every contract for the sale of lands, or of any interest therein, void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the sale is made, or by his lawfully authorized agent. Section 2304, R. S. The learned county court found, *112upon the evidence, that the lot was offered for sale, and was sold at auction by Dixon, as auctioneer, who was duly…
2Cases cited4 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Tallman v. . FranklinNew York Court of Appeals · 1856
- Smith v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
- Vilas v. DickinsonWisconsin Supreme Court · 1861
3Cited by5 opinions
- Faultersack v. Clintonville Sales Corp.Wisconsin Supreme Court · 1948
- Clark v. OlejnikMassachusetts Supreme Judicial Court · 1921
- Crowley v. HicksWisconsin Supreme Court · 1898
- Lasker v. PatrovskyWisconsin Supreme Court · 1953
- Wright v. Harrison & BlackTennessee Supreme Court · 1916