Superior Consolidated Land Co. v. Nichols
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. In December, 1889, James Bardon and H. E. C. Nichols' entered into a contract in writing, in and by which Bardon agreed to sell and convey to Nichols certain lots in Superior, Douglas county, upon full performance by Nichols of certain covenants and agreements specified in such instrument.
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APPEAL from the Circuit Court for Douglas County. In December, 1889, James Bardon and H. E. C. Nichols' entered into a contract in writing, in and by which Bardon agreed to sell and convey to Nichols certain lots in Superior, Douglas county, upon full performance by Nichols of certain covenants and agreements specified in such instrument. These were to the effect that Nichols should, within 200 days thereafter, construct upon said lots a forge plant of a capacity to employ therein at least twenty-five men, and to maintain and operate the same with that number of men for four years from the…
1Opinion of the CourtLyoN, C. J.
The instrument executed by Bardon and Nichols, which is the basis of the action, is the ordinary executory contract for the sale and conveyance of land, with thé exception that, instead of covenanting to pay Bardon a certain sum of money for the lots, Nichols agreed to make certain expenditures and improvements on the lots within a specified time, and. his right to a conveyance thereof was made conditional upon his performing such *659agreement. The difference is not one of principle. . The parties sustain tbe same relation to each other, have the same interest in the land, and may resort to the…
2Cases cited5 opinions
- Button v. SchroyerWisconsin Supreme Court · 1856
- Northrup v. TraskWisconsin Supreme Court · 1876
- Kimball v. DarlingWisconsin Supreme Court · 1873
- Landon v. BurkeWisconsin Supreme Court · 1874
- Baker v. BeachWisconsin Supreme Court · 1862
3Cited by9 opinions
- Kallenbach v. Lake Publications, Inc.Wisconsin Supreme Court · 1966
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Krakow v. WilleWisconsin Supreme Court · 1905
- Nelson v. JacobsWisconsin Supreme Court · 1898
- In re Catfish River Drainage DistrictWisconsin Supreme Court · 1922
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