Lauenstein v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond duLac County. The court overruled a demurrer to the complaint as not' stat-mg a cause of action; and tbe defendant appealed.
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APPEAL from tbe Circuit Court for Fond duLac County. The court overruled a demurrer to the complaint as not' stat-mg a cause of action; and tbe defendant appealed. Tbe substance of tbe complaint is stated in tbe opinion. to tbe point tbat tbe averment of authority in tbe board of public worts, derived from tbe defendant city, to make tbe contract sued on, was an averment merely of a conclusion of law, and insufficient, cited Myers v. Machado, 6 Duer, 678; and Supervisors of Franklin v. Kirby, 25 Wis., 498. He also argued tbat tbat board could bave no power under tbe charter to enter into sucb…
1Opinion of the CourtLyoh, J.
Tbe action is to recover damages for tbe alleged breach of tbe covenants of a written contract set out in the complaint. Tbe substance of sucb contract is, tbat tbe plaintiff agrees to sell and tbe defendant to purchase certain premises therein described, situated within said city, for eighteen hundred dollars, to be paid January 30th, 1870, with seven per cent, interest; and on payment being so made, tbe plaintiff agreed to convey said premises to tbe defendant, by deed with full covenants, free and clear of all liens and incumbrances. Tbe contract bears date October 1st, 1869, and by its…
2Cited by8 opinions
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- Gillan v. Board of Regents of Normal SchoolsWisconsin Supreme Court · 1894
- Lower Baraboo River Drainage District v. SchirmerWisconsin Supreme Court · 1929
- French v. Dunn CountyWisconsin Supreme Court · 1883
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