Phillips v. Carver
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Outa-gamie county: JonN Goodlakd, Circuit Judge. Appeal from a judgment of specific performance of a land contract, in favor of the plaintiff and against the defendants, for eighty acres of land.
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Appeal from a judgment of tbe circuit court for Outa-gamie county: JonN Goodlakd, Circuit Judge. Appeal from a judgment of specific performance of a land contract, in favor of the plaintiff and against the defendants, for eighty acres of land. Tbe complaint was in form the same as in an action of ejectment; stating that plaintiff was the owner and entitled to tbe possession of the premises, and that the defendant unlawfully and wrongfully entered upon the premises, and withholds the possession thereof, etc. On November 23, 1893, William S. Warner, being the owner of the land, entered into an…
1Opinion of the CourtPinitet, J.
The objection of the defendants to any evidence under the complaint was rightly overruled. Upon a demurrer ore tenus to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, the complaint will be construed liberally, and with a view to substantial justice; and all reasonable presumptions will be allowed in its favor. Hagenah v. Geffert, 73 Wis. 636; Teetshorn v. Hull, 30 Wis. 162. Extended discussion is not required to show that the complaint states substantially a cause of action for specific performance of the contract of November 23, 1893, and…
2Cases cited2 opinions
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Hagenah v. GeffertWisconsin Supreme Court · 1889
3Cited by19 opinions
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Mound Mines Co. v. HawthorneCourt of Appeals for the Eighth Circuit · 1909
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Pier v. LeeSouth Dakota Supreme Court · 1901
- Shenners v. PritchardWisconsin Supreme Court · 1899
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