Cuddy v. Foreman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: E. G. Siebeckee, Circuit Judge. Action to recover §100 paid by plaintiff on a verbal agreement to purchase an undivided one-half interest in a hotel and the furniture therein, on the ground that the agreement was void by the statute of frauds.
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Appeal from a judgment of the circuit court for Columbia county: E. G. Siebeckee, Circuit Judge. Action to recover §100 paid by plaintiff on a verbal agreement to purchase an undivided one-half interest in a hotel and the furniture therein, on the ground that the agreement was void by the statute of frauds. Defendant answered that plaintiff took immediate possession of the property as owner upon payment of the §100, and retained and enjoyed the property exclusively for a considerable period of time, when it was agreed that the trade should be declared off and that defendant should retain the…
1Opinion of the Court
Maeshaíl, J.
One of the important questions presented by the pleadings was in regard to whether respondent was put in possession of the subject of the sale pursuant to the alleged verbal contract between him and appellant. There was evidence tending to establish the affirmative of that proposition, and that for a period of about eleven days respondent exercised exclusive control of the property. For-the purpose of explaining the nature of respondent’s possession during such period, he was asked on cross-examination if he did not, during that time, assume to be the owmer of the property and…
2Cases cited18 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
- Blake v. GravesSupreme Court of Iowa · 1865
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Kipp v. LaunWisconsin Supreme Court · 1911
- Buntrock v. HoffmanWisconsin Supreme Court · 1922
- Jost v. WolfWisconsin Supreme Court · 1906
- Corbett v. JoannesWisconsin Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.