Richardson v. Johnsen
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. In September, 1872, tbe plaintiff sold and assigned to tbe defendant, for $3,000, a certain land contract then held by the former.
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APPEAL from tbe Circuit Court for Portage County. In September, 1872, tbe plaintiff sold and assigned to tbe defendant, for $3,000, a certain land contract then held by the former. The complaint alleges that defendant agreed to pay “ about tbe sum of $940 that was due from plaintiff upon said contract;” to furnish plaintiff certain supplies; and to pay him the balance that might be due him, “ after deducting said $940 and the amount so furnished in supplies,” in one year after said assignment; that plaintiff has received “about $600, in supplies;” and that there is now due him from defendant,…
1Opinion of the CourtCole, J.
The controlling question in this case arises under the statute of frauds. It is admitted that the plaintiff made an absolute sale of all his right and interest in the land contract in the first instance. And it is further admitted that he executed the written assignment for the purpose of transferring to the defendant the contract according to the real intent of the parties at the time. Roth parties understood that the sale and assignment were unconditional and absolute, made for the consideration expressed. Now it is claimed by the defendant — and this is the ground upon which the defense *103res…
2Cases cited1 opinion
- Allen v. CrofootNew York Supreme Court · 1827
3Cited by5 opinions
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