Cunningham v. Brown
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Saule County. Action to compel a specific performance of an alleged parol agreement of tbe defendant Brown to convey to plaintiff a certain lot in Brown’s addition to tlie village of Baraboo.
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APPEAL from tbe Circuit Court for Saule County. Action to compel a specific performance of an alleged parol agreement of tbe defendant Brown to convey to plaintiff a certain lot in Brown’s addition to tlie village of Baraboo. Tbe facts found by tbe court are as follows: On tbe 24th. of March, 1873, plaintiff and Brown entered into a parol agreement for tbe sale of said lot by tbe latter to tbe former, Brown agreeing to convey the title in fee simple free from incumbrances, on receiving payment therefor. Said addition bad but recently been surveyed, and tbe ground was vacant, unimproved and…
1Opinion of the CourtOktoN, J.
The evidence in this case was very conflicting, and imposed upon the circuit court the duty of determining its credibility and weight, by tests which can only be applied by the court which has the advantage of hearing the testimony from the lips of witnesses, arid of observing their manner and appearance upon the stand. It would be a most unsafe rule to determine the weight and preponderance of evidence in any case by the disparity in the number of witnesses, and by the test only of their numerical majority. It is the settled practice of this court not to disturb the findings of the circuit…
2Cases cited4 opinions
- Gelston v. SigmundCourt of Appeals of Maryland · 1867
- Wickes v. LakeWisconsin Supreme Court · 1869
- Ely v. DailyWisconsin Supreme Court · 1876
- Shepherd v. Mil. Gas Light Co.Wisconsin Supreme Court · 1860
3Cited by17 opinions
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Kipp v. LaunWisconsin Supreme Court · 1911
- Potter v. TaggartWisconsin Supreme Court · 1882
- Towle v. WadsworthIllinois Supreme Court · 1893
- Stout v. Caruthersville Hardware Co.Missouri Court of Appeals · 1908
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