Porter v. Cook
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNGS, Je., Circuit Judge. This was an action to foreclose a mortgage obtained by the plaintiff by assignment after due from L. C. Porter. The adjudication of the amount due on the mortgage is not attacked on this appeal.
Read the full summary
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNGS, Je., Circuit Judge. This was an action to foreclose a mortgage obtained by the plaintiff by assignment after due from L. C. Porter. The adjudication of the amount due on the mortgage is not attacked on this appeal. The defendant counterclaimed, amongst other things, for damages upon breach of a written contract made by L. C. Porter, December 29, 1888, as follows : “Received of Jules Parmentier and Wm. Gooli . . . thirteen hundred dollars to apply on E. B. Gardner’s lands sold L. O. Porter, and deeded him November…
1Opinion of the CourtDodge, J.
By reason of the view we have taken as to the effect of the delivery by Porter of a deed, and the acceptance thereof by the defendant, most of the questions discussed by counsel on this appeal are rendered immaterial. We are unable to avoid the conviction that that transaction must be deemed a final and conclusive settlement and adjustment of all the disputes arising under the contract of .sale. There is not the slightest doubt that the paper was executed and left in the custody of the arbitrator, Beyer, as the *64only thing which Porter was willing to do as a compliance with that contract or…
2Cases cited10 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Scholey v. . MumfordNew York Court of Appeals · 1875
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Perin v. CathcartSupreme Court of Iowa · 1902
- City National Bank of Dayton v. KuswormWisconsin Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Snyder v. RobertsWashington Supreme Court · 1955
- Burgess v. Commercial National Bank of AppletonWisconsin Supreme Court · 1910
- Board of Directors v. Cottonwood Lumber Co.Supreme Court of Arkansas · 1908