13 Wis. 535 | Wis. | 1861
By the Court,
The circuit court erred in allowing the statement of the plaintiff in error, made at New York, as to the laying out of the alleged highway, to be given in evidence to the jury; and likewise in permitting the defendant in error to go into proof of the damage sustained in consequence of such highway having been laid out and opened. It is not disputed that there was, at the time of the execution of the contract, some kind, of an understanding or attempted arrangement between the plaintiff in error and the supervisors of the town and others, with regard to the laying out and opening of the road in question. The contract itself recognizes and admits its existence; and by it, the right of the plaintiff in error to perfect and carry it out at any time prior to the execution and delivery of the deed, is expressly reserved. It reads thus: “It is also understood and agreed that the said premises are to be conveyed as aforesaid, subject to an understanding between the said Alfred L. Castleman and certain parties* in relation to the road
These reasons apply with equal force to the objections which were taken to the evidence of the damages alleged to have been sustained by the defendant on account of the road having been laid out. The plaintiff certainly cannot be made liable in damages for acts which he was authorized by the contract to perform.
Judgment reversed, and a new trial awarded.