Laubenheimer v. Mann
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. This cause was before this court at the June term, 1868, on appeal from an order overruling a demurrer to the complaint, and is reported in 17 Wis., 542, where will be found a statement of the substance of the complaint and of the written contract on which the action was brought.
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APPEAL from the County Court for Milwaukee County. This cause was before this court at the June term, 1868, on appeal from an order overruling a demurrer to the complaint, and is reported in 17 Wis., 542, where will be found a statement of the substance of the complaint and of the written contract on which the action was brought. The circuit court, on the second trial, nonsuited the plaintiff, on the ground that the sums named in said contract to be paid by defendant upon breach of his covenant against selling liquors, were in the nature of a penalty, and the plaintiff had not offered any…
1Opinion of the Court
By the Court,
DowNER, J.
The agreement set out in the complaint was evidently drawn by some one who did not well understand the English language. It is, however, in substance *521an agreement reciting that the plaintiff bad, on tbe sixth day of February, 1857, conveyed to the defendant lots eleven and twelve, in Eichfield, for the sum of $350, and that the agreement was executed simultaneously or the same day ; and that the defendant agreed that he would not sell spirituous liquors on said lots, or in the buildings erected thereon, and in case he did he “ shall [should] be liable to pay to the said…
2Cited by11 opinions
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- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Eaton v. LymanWisconsin Supreme Court · 1872
- Cronemillar v. Duluth-Superior Milling Co.Wisconsin Supreme Court · 1908
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