Brandeis v. Neustadtl
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbe complaint alleged tbat on tbe lOtb day of September, 1857, tbe defendant agreed with tbe plaintiff to convey to bim, by warranty deed, a clear title to a certain lot in Milwaukee, for $1000, payable $200 in band and tbe balance in four annual instalments with interest, to be secured by a mortgage on tbe lot: tbat tbe plaintiff paid tbe $200 to tbe defendant^ who then signed and delivered to the plaintiff his memorandum…
Read the full summary
APPEAL from tbe Circuit Court for Milwaukee County. Tbe complaint alleged tbat on tbe lOtb day of September, 1857, tbe defendant agreed with tbe plaintiff to convey to bim, by warranty deed, a clear title to a certain lot in Milwaukee, for $1000, payable $200 in band and tbe balance in four annual instalments with interest, to be secured by a mortgage on tbe lot: tbat tbe plaintiff paid tbe $200 to tbe defendant^ who then signed and delivered to the plaintiff his memorandum in writing of said agreement, acknowledging the receipt of said money, and the plaintiff took possession of said lot;…
1Opinion of the Court
By,< the Court,
DIXON, C. J.
There is no doubt that many cases may exist where tbe purchaser of real estate under a binding executory contract of sale, bas a choice among several modes of redress afforded by law against tbe seller, for a breach of such contract. He may go into a court of equity and compel a specific performance, or sue at law upon tbe contract and recover tbe damages which be bas sustained; or-be may abandon it altogether, and bring bis action for tbe price paid and interest, as for money bad and received to bis use. But I doubt whether under a statute like our own, all these…
2Cases cited11 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Abbott v. DraperNew York Supreme Court · 1847
- Coles v. BowneNew York Court of Chancery · 1844
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Johnson v. MeekerWisconsin Supreme Court · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Martens v. ReillyWisconsin Supreme Court · 1901
- Ellis v. CaryWisconsin Supreme Court · 1889
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Bratt v. PetersonWisconsin Supreme Court · 1966
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
51 more not listed; retrieve them via the Exa API.