Lowber v. Connit
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The complaint in this action alleged, in substance, that on October 26, 1872, plaintiffs executed and delivered to defendant the following agreement: “For and in consideration of $800, we, Daniel A. Lowber and Henry H. Richards, of Wau-pun, and the state of Wisconsin, hereby agree to sell and convey to H. & Connit, for the sum of $850, the following described real estate, situated in Wood county, Wis.: the undivided 1-3 of…
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APPEAL from the Circuit Court for Dodge County. The complaint in this action alleged, in substance, that on October 26, 1872, plaintiffs executed and delivered to defendant the following agreement: “For and in consideration of $800, we, Daniel A. Lowber and Henry H. Richards, of Wau-pun, and the state of Wisconsin, hereby agree to sell and convey to H. & Connit, for the sum of $850, the following described real estate, situated in Wood county, Wis.: the undivided 1-3 of section 20, town 21, range 2 east; said conveyance to be made within ninety days from this date, at which time payment is to…
1Opinion of the CourtCole, J.
It is not entirely clear from the arguments of counsel, whether they regarded this action as one at law or one in equity. Looking at the nature of the relief demanded in the complaint, which we suppose determines the character of the action (Gillett v. Treganza, 13 Wis., 473), we think it must be treated as a suit in equity, brought by the plaintiffs as vendors to enforce the specific performance of a contract for the sale and purchase of real estate. The case will be considered by us in that aspect.
The contract for the sale and conveyance of the real estate by the plaintiffs- to the…
2Cases cited2 opinions
- Vilas v. DickinsonWisconsin Supreme Court · 1861
- Hodson v. CarterWisconsin Supreme Court · 1851
3Cited by27 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Forthman v. DetersIllinois Supreme Court · 1903
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
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