Foster v. Lowe
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: E. W. Helms, Judge. Action at law upon two ordinary land contracts, dated August 18,1898, in each of which the defendant promised to pay to one Conrad Krumrey the sum of $125, at specified dates, up to June 1, 1899, and of which he had paid on each contract the sum of $37.50. Krumrey agreed in the same instruments that, after said sum of $125 on each contract should be fully paid, he would, on demand, thereafter…
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Appeal from a judgment of the circuit court for Clark county: E. W. Helms, Judge. Action at law upon two ordinary land contracts, dated August 18,1898, in each of which the defendant promised to pay to one Conrad Krumrey the sum of $125, at specified dates, up to June 1, 1899, and of which he had paid on each contract the sum of $37.50. Krumrey agreed in the same instruments that, after said sum of $125 on each contract should be fully paid, he would, on demand, thereafter cause to be executed and delivered a warranty deed of the premises described, except for the taxes, which were agreed to…
1Opinion of the CourtDodge, J.
The land contracts involved are bilateral and, upon their face, purport to set out the mutual undertakings of the two parties. There is, therefore, a presumption that they do so, and that if the minds of the parties had in fact met upon any other elements, conditions, or propositions, all such had been abandoned, except as to those things which were expressly defined in the writing which, by their signatures, they had declared to be a correct and complete expression of *58their final contract. Conant v. Estate of Kimball, 95 Wis. 550, 70 N. W. 74; John O’Brien L. Co. v. Wilkinson, 117 Wis. 468,…
2Cases cited9 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Church v. SmithWisconsin Supreme Court · 1876
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Jost v. WolfWisconsin Supreme Court · 1906
- Bartz v. PaffWisconsin Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Grider v. TurnbowOregon Supreme Court · 1939
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Culmback v. StevensWashington Supreme Court · 1930
- Meltzer v. Wendell-WestCourt of Appeals of Washington · 1972
- Blaha v. BorgmanWisconsin Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.