Van Doren v. Roepke
Wisconsin Supreme Court
Appeal from an order of the circuit court for Shawano county: JohN GoodlaND, Circuit Judge. This is an action for the specific performance of the following contract: “Memorandum of agreement made this 10th day of July, A. D. 1899, between Eoepke ■ & Meisner, partners, of Bir-namwood, "Wis., parties of the first part, and Yan Doren & Andrews, parties of the second part, witnesseth: “ That the parties of the first part hereby agree to sell to the second part the entire stock…
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Appeal from an order of the circuit court for Shawano county: JohN GoodlaND, Circuit Judge. This is an action for the specific performance of the following contract: “Memorandum of agreement made this 10th day of July, A. D. 1899, between Eoepke ■ & Meisner, partners, of Bir-namwood, "Wis., parties of the first part, and Yan Doren & Andrews, parties of the second part, witnesseth: “ That the parties of the first part hereby agree to sell to the second part the entire stock of merchandise now in their store, on lots 1 and 2, block 10, of the village of Bir-namwood, and in transit on orders for…
1Opinion of the CourtBardeeN, J.
The only question argued at the bar is whether the contract set out in the complaint is sufficient under sec. 2304, Stats. 1898. That section provides that every contract for the sale of lands or any interest in lands *537shall be void “ unless the contract or some note or memorandum thei’eof, expressing the consideration, be in writing and be subscribed by the party by whom the lease or sale is to be made or by his lawfully authorized agent.” This section has been before the court in many cases in which the requisites of the “ note or memorandum ” of the contract have been discussed. One of the…
2Cases cited3 opinions
- Harney v. BurhansWisconsin Supreme Court · 1895
- Hosmer v. McDonaldWisconsin Supreme Court · 1891
- McLinden v. WentworthWisconsin Supreme Court · 1881
3Cited by4 opinions
- Sholovitz v. NoorigianSupreme Court of Rhode Island · 1919
- Douglas v. VorpahlWisconsin Supreme Court · 1918
- Stallman v. GosseWisconsin Supreme Court · 1937
- Scollard v. BachWisconsin Supreme Court · 1908