Zielica v. Worzalla
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. IT. Reid, Circuit Judge. Action by the vendees in a contract for the conveyance of 120 acres of cut-over land against the vendors for the breach of one of the clauses of the contract which provided that the vendors should “clear” a certain seven acres of the land and build a house upon the land, of a certain description, both the clearing and house to be completed on or before April 1, 1914. It was alleged…
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Appeal from a judgment of the circuit court for Marathon county: A. IT. Reid, Circuit Judge. Action by the vendees in a contract for the conveyance of 120 acres of cut-over land against the vendors for the breach of one of the clauses of the contract which provided that the vendors should “clear” a certain seven acres of the land and build a house upon the land, of a certain description, both the clearing and house to be completed on or before April 1, 1914. It was alleged in the complaint and admitted in the .answer that the contract was entered into August 2, 1913. The plaintiff lived in…
1Opinion of the Court
The following opinion was filed Eebruary 22, 1916:
Winslow, C. J.
We think that the word “clear” in this-contract is so far ambiguous in its meaning that parol evidence of the circumstances surrounding the' transaction was admissible to show the sense in which it was used. The land had been “cleared” once. It was (as described by the defendants’ witness Burdick) an old pine slashing grown up to-poplars which could be easily plowed under. Now, did the-word mean simply to remove the poplar saplings and brush which had grown up since the first clearing, or did it mean also to remove the old stumps…
2Cases cited6 opinions
- Gibbs & Sterrett Manufacturing Co. v. BruckerSupreme Court of the United States · 1884
- Mezchen v. MoreWisconsin Supreme Court · 1882
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
- Flick v. WetherbeeWisconsin Supreme Court · 1866
- Seavey v. ShurickIndiana Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Walling v. SullivanWisconsin Supreme Court · 1944
- Firestone Tire & Rubber Co. v. WernerWisconsin Supreme Court · 1931
- Township of Westport v. City of MadisonWisconsin Supreme Court · 1945
- (1974), Wisconsin Attorney General Reports1974