Peterson v. Chase
Wisconsin Supreme Court
Appeal from a judgment of tilie circuit court for Douglas county: A. J. Vinje, Circuit Judge. In and prior to the year 1891, the plaintiff was the owner of a considerable tract of land in Douglas county, Wisconsin. Upon a certain ten acres thereof adjoining the line of the Northern Pacific Railroad, plaintiff, together with Henry Oberg, as copartners, owned a sawmill and blacksmith shop', lumber yard, lumber, and tools.
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Appeal from a judgment of tilie circuit court for Douglas county: A. J. Vinje, Circuit Judge. In and prior to the year 1891, the plaintiff was the owner of a considerable tract of land in Douglas county, Wisconsin. Upon a certain ten acres thereof adjoining the line of the Northern Pacific Railroad, plaintiff, together with Henry Oberg, as copartners, owned a sawmill and blacksmith shop', lumber yard, lumber, and tools. In December, 1891, the plaintiff sold said ten acres, and he and Oberg sold the various structures and personal property thereon, above described, to the defendant, for the…
1Opinion of the CourtHodge, J.
The principal objection urged by appellant is that the contract was not mutual and will therefore not he specifically enforced. To this conclusion, as a general rule, many authorities can be cited, but the exceptions or apparent exceptions to it are so numerous, and so important, that the decided eases illustrating them now- constitute an almost equal volume of authority. Among those exceptions are optional agreements to sell land at specified price and terms within a fixed time, especially if supported by a good and executed consideration. Upon fundamental principles there seems to be no…
2Cases cited4 opinions
- Guyer v. WarrenIllinois Supreme Court · 1898
- Wall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1893
- Cheney v. CookWisconsin Supreme Court · 1859
- Brown v. SleeSupreme Court of the United States · 1881
3Cited by23 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Breen v. MayneSupreme Court of Iowa · 1908
- Bratt v. PetersonWisconsin Supreme Court · 1966
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
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