129 Wis. 143 | Wis. | 1906
This is an action in equity to reform and specifically enforce a written contract for the conveyance of lands. There is very little dispute as to the facts. Plaintiff owned a house and lot in Milwaukee, and defendant owned a quantity of cut-over timber lands in town 39 north of range 8 east, and town 39 north of range 9 east,'in Oneida county. October 30, 1902, they entered into a written agreement by which plaintiff agreed to convey to defendant the house and lot and defendant agreed to convey to plaintiff “forty-seven descriptions located in sections 1, 5 [etc., enumerating a large number of sections], in town 39 north, range 8 east, and in section 5, town 39 north, range 9 east, in Oneida county, Wisconsin, and containing not less than 1,700 acres and np more than 2,000 acres.” The contract contained other provisions as to the valuation of the properties and the terms of payment of the difference in value, not material to the questions presented here. It appears that at the time the contract was made the defendant had furnished to the plaintiff a plat of township 39, range 8, upon which fifty-four forty-acre tracts or descriptions were marked with a cross, and upon which three descriptions in township 39, range 9, were noted in writing, and that Mr. Mathews did not know how many of these fifty-seven descriptions he could furnish good title to, but thought he could furnish good title to 1,700 acres at least, and at the outside 2,000 acres.
On account of this uncertainty as to the descriptions to which the defendant could furnish title, the contract was drawn in the indefinite terms stated. There was no mistake or error in drawing the contract. It represented just what'
These were the conclusions reached hy the trial court, and the complaint was properly dismissed.
By the Court. — Judgment affirmed.