223 Wis. 113 | Wis. | 1936
On June 4, 1917, Charles and Augusta Kroening, being then the owners of the farm in question and of all the personal property thereon, conveyed' both real estate and personal property to the plaintiff, Walter Kroening, taking back a bond of support which in addition to the usual details of such a contract obligated the grantee.to' pay to each of his five brothers the sum of $500. The due dates upon these obligations ran from five to twelve years from date. Walter Kroening entered possession of the farm and personal property and carried out the agreement for support until February 8, 1919. On that date, there having been up to that time no breach of the obligation to' support, Walter Kroening notified his father that he would no' longer carry out the bond of support. He thereupon reconveyed the farm to his parents and abandoned the premises. The parents went into possession and occupied the premises until the death oí Charles Kroening, Febrüary 13, 1923, at which time the interest oí Charles Kroening in the property vested in his widow Augusta. On November 18, 1929, Carl Kruschke, who had in the meantime married Augusta, joined with her in a conveyance of the premises to Walter and Elsie Kroen-ing for a cash consideration. On September 24, 1930, plaintiffs mortgaged the premises tO' the Bonduel State Bank for $4,000, and on January 28, 1933, conveyed an easement to the Wisconsin Michigan Power Company.
The original conveyance to1 plaintiff was in consideration of support. As in a number of other such transactions considered by this court, the bond of support was quasi-testamentary in that $2,500' of the purchase price was to1 be paid to brothers oí the grantee at various specified due dates. The contract does not expressly provide that it is subject to rescission in case oí breach, and it is contended that under the
While the fact that the grantee reconveyed the premises may lend color to the claim that there was a mutual abandon
By the Court. — Judgment affirmed.