Northwesthern National Bank v. Ramsey
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas ■county: O. B. Wymau, Judge. The action was brought to recover upon two several promissory notes, for $625 each, made by the defendants to one L. L. Cloyd, and indorsed by Cloyd to one J. 0. Kennedy, and by Kennedy to the plaintiff. The history of the transactions out of which the controversy arose is as follows: Cloyd bargained for four lots, in the city of Superior, Avith the Land & River Improvement Company.
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Appeal from a judgment of the superior court of Douglas ■county: O. B. Wymau, Judge. The action was brought to recover upon two several promissory notes, for $625 each, made by the defendants to one L. L. Cloyd, and indorsed by Cloyd to one J. 0. Kennedy, and by Kennedy to the plaintiff. The history of the transactions out of which the controversy arose is as follows: Cloyd bargained for four lots, in the city of Superior, Avith the Land & River Improvement Company. He had av written contract for the lots, and had erected a good building on two of them. There remained unpaid of the purchase…
1Opinion of the CourtNewMAN, J.
No doubt, the defendants, as between themselves and Cloyd, had the right to require all payments made on their notes to be applied upon the contract of the Land & River Improvement Company, in reduction of the unpaid purchase money of the lots, and, on complete payment, to require a proper conveyance. Final payment could not be enforced against them until Cloyd should have been prepared and ready to deliver a proper conveyance. Nor could the defendants require a conveyance until they had paid, or were ready to pay, the full purchase money. Kennedy, by expi’ess agreement, stood in Cloyd’s…
2Cases cited2 opinions
- Murphey v. WeilWisconsin Supreme Court · 1894
- Bates v. WilburWisconsin Supreme Court · 1860
3Cited by1 opinion
- Gersich v. StarichWisconsin Supreme Court · 1922