70 Wis. 440 | Wis. | 1888
We think the demurrer was properly sustained, for the reasons stated by the learned circuit judge. (1) If the complaint be construed to be an action to recover damages of the railway company for wrongfully entering into and holding the possession of the lands of the plaintiffs
The learned counsel for the appellant upon the hearing of this appeal claims that the action is an action upon contract to recover the price agreed to be paid by the company for the land they have taken possession of, and not an action of tort to recover damages for a wrongful entry and possession by the defendants, so that we need not further discuss that question.
There arc two objections to a recovery upon such alleged contract. The first objection is that the plaintiff does not tender or offer to make a deed for the land upon the payment of the alleged purchase price. And the facts alleged in the complaint, which must be taken as true upon demur
By the Gourt.— The order of the circuit court is affirmed, and the cause is remanded for further proceedings.