86 Wis. 382 | Wis. | 1893
This is an appeal from an order overruling tbe demurrer of the corporation defendant alone, on the ground that the complaint fails to state a cause of action. The reason given by the court for overruling the demurrer is “ that it is general, and not special? 'This is a general demurrer interposed by the corporation defendant alone, and it certainly had the right to demur alone. The other defendant did not join in the demurrer. We fail to understand the reason given. Arzbacher v. Mayer, 53 Wis. 380. The question on this appeal is whether the complaint states a cause of action against the corporation defendant. The complaint states substantially the following facts:
The corporation owned certain twenty acres of land in section 36, township 6, range 22 east, in Milwaukee county, and on the 14th day of May, 1892, in consideration of $200 paid down, agreed to give Richard Jefferson the exclusive option of buying or selling, on or before October 1, 1892, said land, for the sum of $950 per acre; $950 to be paid October 1, 1892, the said $200 to be deducted; $6,650 to be paid on October 15, 1892, and $1,500 to be paid October 1, 1893; the balance to be paid within five years from date of exchange of papers,— with interest at six per cent, per annum, to be secured by mortgage on said land; the corporation to furnish abstract of title and have the land surveyed. On the 9th day of July, 1892, Richard Jefferson, in consideration of $250 paid down, agreed to give L. L. Cummings the exclusive option of buying said land on or before October 1, 1892, for the sum of $1,100 per acre, to be paid as follows: $2,450 cash on October 1,1892; $6,500 cash on October 15, 1892; $1,500 cash on October 1, 1893; the balance within five years from date of exchange of
The plaintiff, the officers of the corporation, and the defendant Jefferson met with the proposed purchasers, the-said Bohman and Kroegex", on the 1st day of October, 1892¿. and engaged in the negotiations for said sale, ánd said proposed purchasers attempted to make' payment upon the-same; but said agreed negotiations were prolonged until-the evening of that day, and the officei’s of the corporation,by taking part in said negotiations, acquiesced in the continued validity of the contract, and led the plaintiff to-believe, by continuing the negotiations looking to another;meeting of the parties, that no forfeiture would be insisted upon, and refused to answer the direct question whether they would insist upon a forfeiture.' The president of the corporation advised the plaintiff on. Saturday, October. 1st,, that he would do what he could to coiitinue the option given to the plaintiff until the next Monday,1 October 3,! 1892; but on said 3d day of October, without notice'to the plaintiff, and without declaring any forfeiture of the contract, the said corporation, with the assent of Jefferson, sold and conveyed the said land to the said-Bohman and.
The plaintiff demands judgment for the $250 he paid down to said Jefferson, and the $1,000 for his said services.
.The complaint fails to state a cause of action against the
By the Court.— The order of the superior court is reversed, and the cause remanded with direction to sustain the demurrer.