Hopkins v. Gilman
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwaukee County. The terms of the contract.on which' the action was brought, are stated in the opinion.
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APPEAL from tlie Circuit Court for Milwaukee County. The terms of the contract.on which' the action was brought, are stated in the opinion. The judgment decreed not only a specific performance of the contract, hut also a perpetual injunction.restraining the defendant, etc., from proceedings in justice’s court under the statute to recover possession of the premises, and from instituting any other suit for the restitution of the same by reason of any alleged past breaches of the provisions of the contract. The defendant appealed. to the point that equity will not decree a specific performance…
1Opinion of the CourtCole, J.
The first objection taken to the judgment is, that it decrees a specific performance of an agreement to arbitrate, which, it is said, is one of those agreements that courts of equity never specifically enforce. It appears that the defendant, on the 5th of April, 1858, leased to the assignor of the plaintiff a certain lot in Milwaukee for the term of five years. Among other matters, the lease'contains this stipulation: “ And it is further agreed by and between the parties hereto, that in case the said lessee shall make any improvements on the said premises during the term aforesaid, it shall…
2Cases cited3 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Barlow v. . ScottNew York Court of Appeals · 1861
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
3Cited by23 opinions
- Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
- Cole v. GetzingerWisconsin Supreme Court · 1897
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Coles v. PeckIndiana Supreme Court · 1884
- Combs v. ScottWisconsin Supreme Court · 1890
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