Hunholz v. Helz
Hunholz v. Helz
Opinion of the Court
The errors assigned are based mainly upon the sufficiency of the evidence to' support the findings. After a careful examination of the record we are convinced that the-findings are well supported by the evidence. It is argued by appellants that no proper tender of performance on the part of the plaintiff was shown; that he insisted upon conditions not covered by the contract; that there was a mistake in description of the property in the contract; that costs should not have been awarded against the defendants; and that the judgment is contrary to equity. An action for specific performance is in a measure addressed to the sound discretion of the court, and where there is no abuse of discretion this court will not disturb the judgment. There is nothing inequitable or unfair in the contract, and no reason appears in the record why it should not be specifically enforced. Pom. Eq. Jur. ยง 1402 Mulligan v. Albertz, 103 Wis. 140, 78 N. W. 1093; Willard v. Tayloe, 8 Wall. 557. The points made that plaintiff insisted upon terms different from the contract and the claim respecting tender of performance were properly disposed of by the court below upon the evidence. The disposition of the payment of taxes by the court in the findings set up in the-statement of facts was entirely proper and fair to defendants, and in harmony with the rule laid down by this court. Cunningham v. Brown, 44 Wis. 72; Peterson v. Chase, 115 Wis. 239, 91 N. W. 687; Wright v. Young, 6 Wis. 127. The findings of the court against the contention of appellants respecting the lot intended to be included in the contract cannot be-said to be against the clear preponderance of the evidence and therefore cannot be disturbed. Momsen v. Plankinton, 96 Wis. 166, 71 N. W. 98; Cunningham v. Brictson, 101 Wis. 378, 77 N. W. 740; Von Trolt v. Von Trott, 118 Wis. 29, 94
We think the judgment below was right and must be affirmed.
By the Court. โ The judgment below is affirmed.
Reference
- Full Case Name
- Hunholz v. Helz and wife
- Cited By
- 3 cases
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- Published
- Syllabus
- Specific performance: Contract to exchange lands: Appeal: Discretion: Adjusting amounts paid for taxes: Costs. 1. An action for specific performance is in a measure addressed to tlie sound discretion of the court, and where there is no abuse of discretion the judgment will not be disturbed on appeal. 2. Upon enforcing specific performance of a contract to exchange lands it was proper to require payment to defendant of the sum by which the taxes paid by him on his land after the making of the contract exceeded the taxes paid by plaintiff on his land. 3. Where plaintiff was ready, willing, and able to perform on his part an agreement to exchange lands with defendant, and the latter refused to perform, it was proper in decreeing specific performance to award costs to the plaintiff.