Johnson v. McMullin

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtCORN, J.
Citation3 Wyo. 237,21 P. 701
Decision Date22 January 1889
PartiesJOHNSON v. McMULLIN

21 P. 701

3 Wyo. 237

JOHNSON
v.
McMULLIN

Supreme Court of Wyoming

January 22, 1889


Error to district court.

Action by Emma McMullin against Iver Johnson for breach of a contract to convey land. Judgment for plaintiff, and defendant brings error.

Judgment affirmed.

Bryan, Seevers & Stewart, for plaintiff in error.

Donzelmann & Miller, for defendant in error.

CORN, J.

OPINION [21 P. 702]

CORN, J.

On the 24th day of May, 1886, the plaintiff (defendant in error) entered into the following agreement with the defendant, (plaintiff in error:) "Cheyenne, May 24, 1886. This day it is mutually agreed by the undersigned that the deed herein inclosed, from Iver Johnson to Emma McMullin, for block 370, in Cheyenne, Wyoming territory, sold to Emma McMullin by said Johnson for one [3 Wyo. 238] hundred and eighty dollars, --fifty, cash; one note, due three months after date, for fifty dollars; and one note, due six months from date, for eighty dollars, --payable to the order of Iver Johnson. When said notes are fully paid, with interest, the said deed shall be delivered to said Emma McMullin. IVER JOHNSON. EMMA McMULLIN." Plaintiff paid the fifty dollars, and executed her notes for the balance, as provided in the agreement, and delivered them to defendant. Defendant gave his receipt for them in the following form: "$ 50.00. Received of Emma McMullin fifty ($ 50.00) dollars, as purchase money and forfeit for block No. 370, in the city of Cheyenne, Wyoming territory; said block 370 being sold to said Emma McMullin for one hundred and eighty dollars on the following conditions: Fifty dollars cash today, May 24, 1886; fifty dollars on August 24, 1886, at one per cent. per month from date until paid; and eighty dollars on November 24, 1886, at one per cent. a month until paid, --the deed for said block to be made and executed to-day by Iver Johnson, of Cheyenne, Wyoming territory, to said Emma McMullin, and is to be left in escrow until the said fifty dollars and eighty dollars are paid, with interest as aforesaid, and then said deed to be delivered to said Emma McMullin. IVER JOHNSON. By J. W. BRUNER, his Agent."

The deed was made and deposited with J. W. Bruner, to be held in escrow. Neither of the notes was paid. About September 1st defendant gave plaintiff 30 days more time upon the first note. Bruner held the deed for two or three months after the maturity of the second note, and then turned it over to the defendant. Some time after the deed was returned to him defendant sold the block. About the 12th of the following April plaintiff went to defendant, offered to pay the notes and interest, and demanded the deed. Defendant refused to accept the money, and said that he had supposed that the contract was abandoned, and had sold the lots April 18th. H. Donzelman, as agent for plaintiff, went to defendant, and again offered to pay the amount due, and demanded the deed, and defendant made, in substance, the same reply. April...

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10 practice notes
  • Madden v. Caldwell Land Co.
    • United States
    • United States State Supreme Court of Idaho
    • 1 Marzo 1909
    ...Land Co., 95 Minn. 195, 103 N.W. 1028; Fleckten v. Spicer, 63 Minn. 454, 65 N.W. 926; Taylor v. Holter, 1 Mont. 688; Johnson v. McMullin, 3 Wyo. 237, 21 P. 701, 4 L. R. A. 670; Cade v. Brown, 1 Wash.St. 401, 25 P. 457; West Coast Mfg. & Inv. Co. v. West Coast Imp. Co., 31 Wash. 610, 72 P. 4......
  • Culver v. Graham
    • United States
    • United States State Supreme Court of Wyoming
    • 22 Enero 1889
    ...performed within one year, extensions from time to time, by parol, for periods less than one year, will not be affected by the statute of [3 Wyo. 237] frauds, Donovan v. Richmond, (Mich.) 61 Mich. 467, 28 N.W. 516; and, when the party employed has continued from year to year to perform the ......
  • Portner v. Tanner, 1060
    • United States
    • United States State Supreme Court of Wyoming
    • 17 Julio 1923
    ...Glassell v. Coleman, 29 P. 508; Drew v. Pedlar, 25 P. 749; Hurley v. Anicker, 151 P. 593; Glock v. Howard, 55 P. 717; Johnson v. McMullen, 3 Wyo. 237; Phelps v. Brown, 30 P. 774; L. R. A. 1916 C. 893.) A violation of contract by one party relieves the other party, (6 R. C. L. 377; 3 Elliott......
  • Reed v. Wadsworth, Nos. 4550
    • United States
    • United States State Supreme Court of Wyoming
    • 9 Septiembre 1976
    ...value of the property at the time of the breach of contract. Francis v. Brown, 1915, 22 Wyo. 528, 145 P. 750; Johnson v. McMullin, 1889, 3 Wyo. 237, 21 P. 701, 4 L.R.A. 670. Such damages represent the loss of the bargain. 8A Thompson on Real Property, 1963 Replacement, § 4478, p. 449. See a......
  • Request a trial to view additional results
10 cases
  • Madden v. Caldwell Land Co.
    • United States
    • United States State Supreme Court of Idaho
    • 1 Marzo 1909
    ...Land Co., 95 Minn. 195, 103 N.W. 1028; Fleckten v. Spicer, 63 Minn. 454, 65 N.W. 926; Taylor v. Holter, 1 Mont. 688; Johnson v. McMullin, 3 Wyo. 237, 21 P. 701, 4 L. R. A. 670; Cade v. Brown, 1 Wash.St. 401, 25 P. 457; West Coast Mfg. & Inv. Co. v. West Coast Imp. Co., 31 Wash. 610, 72 P. 4......
  • Culver v. Graham
    • United States
    • United States State Supreme Court of Wyoming
    • 22 Enero 1889
    ...performed within one year, extensions from time to time, by parol, for periods less than one year, will not be affected by the statute of [3 Wyo. 237] frauds, Donovan v. Richmond, (Mich.) 61 Mich. 467, 28 N.W. 516; and, when the party employed has continued from year to year to perform the ......
  • Portner v. Tanner, 1060
    • United States
    • United States State Supreme Court of Wyoming
    • 17 Julio 1923
    ...Glassell v. Coleman, 29 P. 508; Drew v. Pedlar, 25 P. 749; Hurley v. Anicker, 151 P. 593; Glock v. Howard, 55 P. 717; Johnson v. McMullen, 3 Wyo. 237; Phelps v. Brown, 30 P. 774; L. R. A. 1916 C. 893.) A violation of contract by one party relieves the other party, (6 R. C. L. 377; 3 Elliott......
  • Reed v. Wadsworth, Nos. 4550
    • United States
    • United States State Supreme Court of Wyoming
    • 9 Septiembre 1976
    ...value of the property at the time of the breach of contract. Francis v. Brown, 1915, 22 Wyo. 528, 145 P. 750; Johnson v. McMullin, 1889, 3 Wyo. 237, 21 P. 701, 4 L.R.A. 670. Such damages represent the loss of the bargain. 8A Thompson on Real Property, 1963 Replacement, § 4478, p. 449. See a......
  • Request a trial to view additional results

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