Helmholz v. Greene
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Jopen J. Gregory, Circuit Judge. Action to recover the sum of $1,000 with interest, which sum plaintiff handed to defendant accompanying an offer for the purchase of real estate and to apply thereon. Plaintiff claimed that the offer was withdrawn and not, therefore, lawfully accepted.
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Appeal from a judgment of the circuit court for Milwaukee county: Jopen J. Gregory, Circuit Judge. Action to recover the sum of $1,000 with interest, which sum plaintiff handed to defendant accompanying an offer for the purchase of real estate and to apply thereon. Plaintiff claimed that the offer was withdrawn and not, therefore, lawfully accepted. Defendant counterclaimed for $2,500, or $1,500 in addition to the $1,000 previously paid, as lost profits due to plaintiff’s failure to perform the contract which defendant claims was formed by an acceptance of plaintiff’s offer. Trial in the…
1Opinion of the CourtJones, J.
It is claimed' in behalf of appellant that this was a transaction in which he was buying the property from the owner and selling it to the respondent. The offer dictated by the appellant, taken alone, might give some color to this claim, but the telegrams and conduct of the parties interested lead us to a different conclusion. The two .telegrams sent by appellant to the New York owner are clearly not such messages as a buyer acting for himself would send to an owner. They can bear no other fair construction than this: that appellant had found a client who was willing to buy. The telegram of…
2Cases cited7 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Thomas v. SowardsWisconsin Supreme Court · 1870
- Singleton v. HillWisconsin Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bratt v. PetersonWisconsin Supreme Court · 1966
- Durkin v. MacheskyWisconsin Supreme Court · 1922
- Todorovich v. Kinnickinnic Mutual Loan & Building Ass'nWisconsin Supreme Court · 1941
- Morris F. Fox & Co. v. LismanWisconsin Supreme Court · 1932
- Phillips Petroleum Co. v. TaggartWisconsin Supreme Court · 1955
4 more not listed; retrieve them via the Exa API.