Gilbert v. Stockman
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Qroix County. Action to recover $50 alleged to be due to the plaintiff upon the sale of a shingle machine to the defendant. The answer admitted the indebtedness but set up a counterclaim-for $56.42 paid by defendant for taxes upon a tract of land purchased by him from the plaintiff. The facts will sufficiently appear from the opinion. Judgment was rendered upon a special verdict in favor of the defendant for $6.42- and costs.
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APPEAL from the Circuit Court for St. Qroix County. Action to recover $50 alleged to be due to the plaintiff upon the sale of a shingle machine to the defendant. The answer admitted the indebtedness but set up a counterclaim-for $56.42 paid by defendant for taxes upon a tract of land purchased by him from the plaintiff. The facts will sufficiently appear from the opinion. Judgment was rendered upon a special verdict in favor of the defendant for $6.42- and costs. The plaintiff appeals. Counsel for respondent, in addition to cases referred to in the opinion, cited Mann v. Nunn, 43 L. J. (C.…
1Opinion of the Court
Cole, O. J.
The controversy in this case arises upon the defense or counterclaim set up in the answer. It appears *63that the defendant in January, 1881, purchased of the plaintiff a certain tract of land for an agreed price. The contract was a printed blank, filled up, and was in the ordinary form of a land contract, except, where the form provided for the giving of a warranty deed on payment of the consideration money, the word “warranty” was erased and the word “quitclaim” inserted. There was a clause in the contract by which the defendant agreed to pay all taxes, special or general, which had…
2Cases cited7 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- McCormick v. CheeversMassachusetts Supreme Judicial Court · 1878
- Hahn v. DoolittleWisconsin Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nicoulin v. O'BrienCourt of Appeals of Kentucky · 1916
- Hicks Printing Co. v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Atlantic Terra Cotta Co. v. GroetzlerWisconsin Supreme Court · 1912
- Oconto Chamber of Commerce v. GrandallWisconsin Supreme Court · 1921
- Stanisics v. McMurtryNebraska Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.