Mecklem v. Blake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In March, 1857, Blake conveyed to Meeklem the south eighty feet of “ lots 7 and 11, in block 17,” in a certain section of land in "Washington county, the consideration named being $4,000; and the deed contained the usual covenants of seizin and against incumbrances. Meeklem brought this action to recover the purchase money paid, alleging a breach of said covenants.
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APPEAL from the Circuit Court for Milwaukee County. In March, 1857, Blake conveyed to Meeklem the south eighty feet of “ lots 7 and 11, in block 17,” in a certain section of land in "Washington county, the consideration named being $4,000; and the deed contained the usual covenants of seizin and against incumbrances. Meeklem brought this action to recover the purchase money paid, alleging a breach of said covenants. The facts will sufficiently appear from the last paragraph of the opinion. The jury, under the direction of the court, found for the defendant; and the -plaintiff appealed from…
1Opinion of the CourtDixon, C. J.
This case presents the vexed question of the measure of damages in an action for a breach of the covenant of seizin, where the covenantee has entered and held possession of the land under the deed without ouster or eviction by paramount title, and without having sustained any real injury in consequence of the alleged breach. In this country there is an irreconcilable conflict of decisions upon the question. In some, perhaps most, of the states, no distinction is taken between a nominal and a substantial breach of the covenant — a breach by which the covenantee sustains no injury, and one…
2Cases cited13 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Taft v. KesselWisconsin Supreme Court · 1862
- Smith v. PackardWisconsin Supreme Court · 1860
- Martin v. BakerIndiana Supreme Court · 1839
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- McMillan v. WehleWisconsin Supreme Court · 1882
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Smith v. HughesWisconsin Supreme Court · 1880
- Eaton v. LymanWisconsin Supreme Court · 1872
20 more not listed; retrieve them via the Exa API.