Gillmann v. Henry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action upon a promissory note executed by the defendant, Henry, July 20, 1880, wherein he promised to pay, three months thereafter, to the order of Eobert George, the plaintiffs’ testator, $5,000, with interest at eight per cent.
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APPEAL from the Circuit Court for Iowa County. Action upon a promissory note executed by the defendant, Henry, July 20, 1880, wherein he promised to pay, three months thereafter, to the order of Eobert George, the plaintiffs’ testator, $5,000, with interest at eight per cent. The answer, in effect, alleges that a few months prior to the making of the note the defendant undertook and agreed with George to use his best endeavors to sell a certain tract of land, situated in Colorado, belonging to George, which he represented to be valuable coal land, for a commission to be allowed therefor on…
1Opinion of the CourtCassoday, J.
It is a well settled rule of this court, that “ all contemporaneous agreements between the same parties, and in' relation to the same subject matter, are to be taken together and construed as one instrument, for the purpose of determining the character of the transaction and the intention of the makers.” Norton v. Kearney, 10 Wis., 448. Thus it has been held that “a chattel mortgage and a written'agreement to govern the same subject matter between the parties, executed contemporaneously, must be treated as one contract.” Blakeslee v. Rossman, 43 Wis., 116.
This being |he law, it is very…
2Cases cited15 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Croft v. BunsterWisconsin Supreme Court · 1859
- Lowber v. ConnitWisconsin Supreme Court · 1874
- Charles v. DenisWisconsin Supreme Court · 1877
- Cooper v. CleghornWisconsin Supreme Court · 1880
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3Cited by15 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Boyden v. RobertsWisconsin Supreme Court · 1907
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Forbes v. Fort Lauderdale Mercantile Co.Supreme Court of Florida · 1922
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
10 more not listed; retrieve them via the Exa API.