Docter v. Hellberg
Wisconsin Supreme Court
APPEAL from the County ¡Cqfírt of Milwaukee County. The following statement or4he case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, that July 14, 1885, the defendant, a widow, offered to sell to the plaintiffs a farm owned and occupied by her, in section 24, in township 7, range 21, being in the town of Wauwatosa, which she represented to contain forty-nine acres, with the buildings and improvements thereon, with the crops, consisting in part of…
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APPEAL from the County ¡Cqfírt of Milwaukee County. The following statement or4he case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, that July 14, 1885, the defendant, a widow, offered to sell to the plaintiffs a farm owned and occupied by her, in section 24, in township 7, range 21, being in the town of Wauwatosa, which she represented to contain forty-nine acres, with the buildings and improvements thereon, with the crops, consisting in part of hay and oats, and personal property, of which a partial list was two horses, two buggies, wagon, two cows, reaper, and…
1Opinion of the CourtCassoday, J.
The answer and reply need not be considered, since the only questions presented upon this demurrer *421ore tenus arise upon the sufficiency of the complaint when liberally construed. Doud v. W., P. & S. R. Co. ante, p. 108. The mere fact that the agreement to convey was signed by the defendant alone will not prevent specific performance if it was otherwise sufficient. The statute only required that the contract for the sale should be in writing expressing the consideration, and be subscribed by the party by whom the sale was made. See. 2304, R. S.; Cheney v. Cook, 7 Wis. 413; Vilas v. Dickinson,…
2Cases cited22 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Messer v. OestreichWisconsin Supreme Court · 1881
- Wright v. YoungWisconsin Supreme Court · 1858
- Mann v. PearsonNew York Supreme Court · 1806
17 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Howard v. AdkinsIndiana Supreme Court · 1906
- Bates v. HarrisCourt of Appeals of Kentucky · 1911
- Inglis v. FoheyWisconsin Supreme Court · 1908
- Kipp v. LaunWisconsin Supreme Court · 1911
- Wall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1893
27 more not listed; retrieve them via the Exa API.