Breen v. Arnold
Wisconsin Supreme Court
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
- Dresser v. LemmaWisconsin Supreme Court · 1904
3Cited by3 opinions
- Neff v. RubinWisconsin Supreme Court · 1915
- Ross v. KunkelWisconsin Supreme Court · 1950
- Kons v. PallangeWisconsin Supreme Court · 1943