Muenchow v. Roberts
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. On April 9, 188S, tte parties entered into a contract in writing, under seal, for the sale by the defendant to plaintiff of 300 acres of land in La Crosse county. The plaintiff agreed to raise oats on a specified portion of the land, said to contain 100 acres, in each year for five years then next ensuing, and to deliver the same to defendant at his elevator in Bangor.
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APPEAL from the Circuit Court for La Crosse County. On April 9, 188S, tte parties entered into a contract in writing, under seal, for the sale by the defendant to plaintiff of 300 acres of land in La Crosse county. The plaintiff agreed to raise oats on a specified portion of the land, said to contain 100 acres, in each year for five years then next ensuing, and to deliver the same to defendant at his elevator in Bangor. It was also agreed that said five crops of oats when so delivered should be full payment for the land. The value of the land is not otherwise specified. The contract gives the…
1Opinion of the CourtLyoN, J.
On this appeal it is only necessary to consider the question litigated on the trial as to the measure of damages. The court charged the jury, in substance, that the true measure of damages was the difference between the expense of raising the five crops of oats, together with the amount, of taxes plaintiff agreed to pay, and the aggregate values of the 300 acres of land, the use of 200 acres thereof, and the fire-wood which plaintiff would have been entitled to take therefrom had he gone into possession of the land; that is to say, on one side of the account the jury were directed to place…
2Cases cited2 opinions
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Hill v. ChipmanWisconsin Supreme Court · 1884
3Cited by12 opinions
- McLennan v. ChurchWisconsin Supreme Court · 1916
- Violet v. RoseNebraska Supreme Court · 1894
- Maxon v. GatesWisconsin Supreme Court · 1908
- Arentsen v. MorelandWisconsin Supreme Court · 1904
- Lommen v. DanaherWisconsin Supreme Court · 1917
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