Tweeddale v. Tweeddale

93 N.W. 440, 116 Wis. 517 (1903)

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Tweeddale v. Tweeddale

Wisconsin Supreme Court
93 N.W. 440, 116 Wis. 517 (1903)

Facts

Daniel Tweeddale (defendant) entered into an agreement with his mother, Mary Tweeddale, regarding a piece of land she owned. Mary conveyed the land to Daniel in exchange for a bond for her support. Daniel executed the bond, and it was secured by a mortgage on the land. As part of the parties’ agreement, Daniel agreed that if he ever sold the mortgaged land, he would immediately owe $1,200 to his mother, $50 to his sister, and $100 to his brother, Edward Tweeddale (plaintiff). Daniel later sold the land. Mary agreed to discharge Daniel’s obligation to pay her $1,200 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 if Daniel sold the land. Edward sued Daniel in Wisconsin state court seeking to enforce Daniel’s promise to pay him $100. The trial court dismissed Edward’s complaint, and Edward appealed.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

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