Kruse v. Koelzer
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was brought to reform a warranty deed from defendants to plaintiffs.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was brought to reform a warranty deed from defendants to plaintiffs. The complaint alleges, in effect, that on the 1st day of April, 1902, plaintiffs and defendants negotiated and bargained the sale by defendants to plaintiffs of the south seventy-five feet of the east one-half of lot No. 9, in block No. 120, Second ward, city of Milwaukee, Milwaukee county, Wisconsin, being a lot twenty-five feet on Winnebago street by seventy-five feet deep on the west line and seventy-five feet deep on /the…
1Opinion of the CourtKeRWIN, J.
1. The evidence of mistake on the part óf the plaintiff is very meager. True, the plaintiff William Kruse testified that he stated he must have seventy-five feet for his business, but when he so stated defendant Bernard Koelzer made no reply, except that he would have seventy-five feet on the alley, and this upon the theory that, the lot being 150 feet on the alley, one half -would give him seventy-five, feet. Defendant Bernard Koelzer testified that he never agreed to sell seventy-five feet, or anything but the south half, and the plaintiff William Kruse does not testify positively that in…
2Cases cited14 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Herbst v. LoweWisconsin Supreme Court · 1886
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Green v. BatsonWisconsin Supreme Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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