Legal Opinion

Brown v. Slauson

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 2 opinions

APPEAL from tbe Circuit Court for Racine County. Tbe complaint alleges, that, in August, 1865, at tbe city of Racine, tbe plaintiff1, Martha Brown, by ber agent John W. Brown (wbo was and is ber husband), entered into an agreement with tbe defendant, whereby plaintiff, by ber said agent, was to go to Cleveland, Ohio, and there inspect the baric “ Red, White and Blue,” and if tbe same was satisfactory to tbe agent, agree with tbe owner for tbe purchase thereof — defendant to…

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APPEAL from tbe Circuit Court for Racine County. Tbe complaint alleges, that, in August, 1865, at tbe city of Racine, tbe plaintiff1, Martha Brown, by ber agent John W. Brown (wbo was and is ber husband), entered into an agreement with tbe defendant, whereby plaintiff, by ber said agent, was to go to Cleveland, Ohio, and there inspect the baric “ Red, White and Blue,” and if tbe same was satisfactory to tbe agent, agree with tbe owner for tbe purchase thereof — defendant to pay tbe traveling expenses of said agent, and plaintiff, by ber said agent, to make such journey, inspection and…

1Opinion of the CourtCole, J.

Whether the property mentioned in the case could really be treated as the wife’s separate estate, having been derived from her husband in the manner it was : or whether, if it were her property, buying an interest in the vessel was incident to the proper disposition and enjoyment of her separate estate, are questions which need not be considered, since we' are satisfied that the alleged contract was void by the statute of frauds. To escape the force of this objection, it is claimed that the purchase of the bark was a joint purchase, made by the plaintiff and defendant together, and that they…

2Cited by2 opinions

  1. Stack v. Roth Bros.Wisconsin Supreme Court · 1916
  2. Smith v. BouckWisconsin Supreme Court · 1873

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