Simmons v. Putnam
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, KENOSHA COUNTY. This was an action commenced by Rouse Simmons and Samuel H. Sweet against James S. Putnam, in a justice’s court, to recover damages for the breach of a contract, and for the amount paid upon it to the defendant.
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APPEAL FROM CIRCUIT COURT, KENOSHA COUNTY. This was an action commenced by Rouse Simmons and Samuel H. Sweet against James S. Putnam, in a justice’s court, to recover damages for the breach of a contract, and for the amount paid upon it to the defendant. The complaint charges, that, on the first day of April, A. D., 1857, a verbal agreement was made between the plaintiffs and defendant that the defendant should, for the sum of $287 50, enter, locate and survey certain lands for the plaintiffs, to go upon the lands and examine and survey them and give a written description of each 40 acres to…
1Opinion of the Court
By the Court,
Paine, J.
We think this judgment must be reversed for the reason that the judge instructed the jury, that it was “an action to'recover back the price paid by the plaintiffs in a contract to enter and locate lands for the plaintiffs, and that if they found that the defendant went on and did a part of the work, and did not do all he contracted to do, the plaintiffs were entitled to recover back the amount it would be worth to do the part omitted.” The authorities cited by the respondent’s counsel only show that where a contract has been rescinded, money paid on it may be recovered…
2Cited by5 opinions
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