Legal Opinion

Breen v. Arnold

Wisconsin Supreme Court

Decided June 17, 1914PublishedCited by 3 opinions

Appeal from a judgment of the superior court of Douglas county: Chakles Smith, Judge. This is an action brought by the plaintiff to recover from the defendant the money the plaintiff paid defendant on a contract for the purchase of a lot. ■ It is shown that the defendant, on March 11, 1911, as agent for the owner of the lot, made an agreement with the plaintiff to sell him a five-acre lot of land and that the plaintiff paid the sum of $125 of the purchase price; that the…

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Appeal from a judgment of the superior court of Douglas county: Chakles Smith, Judge. This is an action brought by the plaintiff to recover from the defendant the money the plaintiff paid defendant on a contract for the purchase of a lot. ■ It is shown that the defendant, on March 11, 1911, as agent for the owner of the lot, made an agreement with the plaintiff to sell him a five-acre lot of land and that the plaintiff paid the sum of $125 of the purchase price; that the plaintiff received a receipt which embraced the agreements of the parties, by which a conveyance of the lot by warranty…

1Opinion of the CourtSiebeckee, J.

The points raised and argued upon the record present the inquiry: Has the plaintiff a right to recover the purchase money paid by him for the lot in question ? It is averred that the cause of action for the recovery of the $250 paid by the plaintiff and Wirtz on the purchase price of the lot is a joint claim, and that a settlement between Wirtz and the defendant and dismissal of Wirtz as a plaintiff with Breens consent operated as a full satisfaction of the plaintiff’s right to recover his share of the money paid on the purchase price. The court correctly held that the relationship of…

2Cases cited1 opinion

  1. Dresser v. LemmaWisconsin Supreme Court · 1904

3Cited by3 opinions

  1. Neff v. RubinWisconsin Supreme Court · 1915
  2. Ross v. KunkelWisconsin Supreme Court · 1950
  3. Kons v. PallangeWisconsin Supreme Court · 1943

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