Whiting v. Gould
Wisconsin Supreme Court
.APPEAL FROM THE OIROÜXT COURT OF RACINE COUNTY. The hill of complaint in this case states that on the 20th day of February, 1839, the complainant contract ed hy deed with Truman G. Wright and Gilbert Knapp for the purchase from them of three certain village lots in Racine, for the consideration of $500 paid at the time ; and thereby agreed further, with Wright and Knapp, to build a dwelling house of certain dimensions on one of the lots within a year, and a furnace on…
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.APPEAL FROM THE OIROÜXT COURT OF RACINE COUNTY. The hill of complaint in this case states that on the 20th day of February, 1839, the complainant contract ed hy deed with Truman G. Wright and Gilbert Knapp for the purchase from them of three certain village lots in Racine, for the consideration of $500 paid at the time ; and thereby agreed further, with Wright and Knapp, to build a dwelling house of certain dimensions on one of the lots within a year, and a furnace on another of the lots in eighteen months ; and Wright and Knapp, in consideration thereof, agreed to convey the lots to the…
1Opinion of the Court
By the Court,
Crawford, J.
After a careful examination of this causé, we are unable to find any thing in it which would warrant a decree in favor of the complainant. Independent of the objection that there is a palpable variance between the case made *583by the bill, and that which is sought to be ed by the proofs, it is impossible to discover the existence of a trust, either express or by implication, enuring to the benefit of the complainant. By his original contract with Wright & Knapp, he acquired no estate in the lots in question, but merely a chose in action, which upon performance of the…
2Cases cited12 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Belden v. SeymourSupreme Court of Connecticut · 1831
- White v. CarpenterNew York Court of Chancery · 1830
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Michael J. Winger v. Susan M. WingerCourt of Appeals for the Seventh Circuit · 1996
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Wiener v. WhippleWisconsin Supreme Court · 1881
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
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