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Tweeddale v. Tweeddale

Supreme Court of Wisconsin
93 N.W. 440 (1903)


Facts

Daniel Tweeddale (Daniel) (defendant) entered into an agreement with his mother regarding a piece of land. Daniel’s mother provided a mortgage to Daniel on the land. In exchange, Daniel agreed that if he ever sold the land, he would immediately owe $1,200.00 to his mother, $50.00 to his sister, and $100.00 to his brother, Edward Tweeddale (Edward) (plaintiff). Daniel sold the land. Daniel’s mother agreed to discharge Daniel’s obligation to pay her $1,200.00, and released the mortgage. Edward was unaware until after the release of the mortgage that Daniel’s original agreement provided that Edward would receive $100.00 if Daniel sold the land. Edward brought suit against Daniel in Wisconsin state court seeking to enforce Daniel’s promise to pay him $100.00. The trial court dismissed Edward’s complaint, and Edward appealed.

Rule of Law

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Issue

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Holding and Reasoning (Marshall, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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