Dye v. Montague
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, WALWORTH COUNTY. This action was brought by Enoch P. Dye against Obed Montague, to recover damages for the breach of a written contract for the conveyance of land from Montague to Dye.
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APPEAL FROM CIRCUIT COURT, WALWORTH COUNTY. This action was brought by Enoch P. Dye against Obed Montague, to recover damages for the breach of a written contract for the conveyance of land from Montague to Dye. The contract acknowledged the receipt of the consideration of $400, for which Montague bound himself to make a deed free and clear of all incumbrances, in one year from the date, of 40 acres of land in the state of Iowa; and bound himself under a penalty of $400 if he failed to make the deed. The complaint averred a breach, and demanded the $400, &c. The answer alleged that he had…
1Opinion of the Court
By the Court,
Cole J.
We see no good reason for setting *20aside the nonsuit in this case. The action was brought upon a land contract. The respondent, in consideration of four hundred dollars to him paid, agreed to execute and deliver to the appellant, within one year from the date of the instrument, a deed of certain real estate. On the third day after the expiration of the year, he made, and caused to be tendered to the appellant the deed, who refused to accept it, saying that he would not take it unless he was obliged to by the contract. It does not appear that any objection was made to the…
2Cases cited1 opinion
- Hackett v. HusonNew York Supreme Court · 1829
3Cited by2 opinions
- Seeley v. HowardWisconsin Supreme Court · 1861
- Elliott v. MontellSupreme Court of Delaware · 1885