Darlington v. J. L. Gates Land Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Rock county: John K. Paeish, Circuit Judge. The appeal is from an order overruling a general demurrer to the complaint.
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Appeal from an order of the circuit court for Rock county: John K. Paeish, Circuit Judge. The appeal is from an order overruling a general demurrer to the complaint. The complaint in substance sets forth that on January 15, 1905, a -written contract was made between the plaintiffs and the defendant, by the terms of which the defendant promised to convey to the plaintiffs 4,89451 acres of land by deed of warranty, free and clear of incumbrances, for $25,737.81; that pursuant to this contract a warranty deed in due form was made, executed, and delivered by the defendant to the plaintiffs on…
1Opinion of the CourtB'abwes, J.
The appellant contends that the complaint fails to state a cause of action for damages for deceit based on •the fraudulent oral representations alleged. It further contends that no cause of action is stated for damages for breach of the covenant of warranty contained in the deed. In support of the position taken, it is argued that the complaint shows that the timber deeds were not recorded; that the ven-dees in such deeds were not in possession of the lands when the defendant’s deed to plaintiffs was delivered; that the timber had not been cut and removed from the lands on such date; that it…
2Cases cited11 opinions
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Krumm v. . BeachNew York Court of Appeals · 1884
- Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889
- Docter v. HellbergWisconsin Supreme Court · 1886
- Eames v. MorganIllinois Supreme Court · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Everett v. GillilandNew Mexico Supreme Court · 1943
- De Swarte v. First National BankWisconsin Supreme Court · 1926
- Darlington v. J. L. Gates Land Co.Wisconsin Supreme Court · 1913
- Simpson v. CornishWisconsin Supreme Court · 1928
- Paradies v. WoodardWisconsin Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.