Powers v. Spaulding

Decided June 11, 1897

Wisconsin Supreme Court · decided 1897-06-11

The defendant bought from the plaintiff a house and lot in the city of Appleton, for the price of $2,500. This was to be paid, $2,300 at time of delivery of deed, and the balance by paying the costs of certain street improvements, then. in progress, in front of the premises, for which the plaintiff bad contracted and would become liable, the amount whereof was then unknown,— such sum as the plaintiff should become liable to pay.

Cited by 6 later decisions — most recently September 1931

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1897-06-11

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NewmaN, J.

¶1The deed evidently was intended to express the entire agreement of the parties on the subject to which the action relates. It is entirely clear by the deed itself that the defendant was to pay the whole cost of the improvement in front of the premises he purchased. This is clear without considering the disputed words. Such -words did not change *489tbe meaning of the stipulation, nor add anything to it. The conversations which preceded and attended the execution of the deed are incompetent to change the stipulations contained in the deed itself. They were mere estimates of the probable' cost of the improvements, and could not be the basis of an estoppel, and, in the absence of fraud, are of no effect whatever.

¶2By the Court. — The judgment of the circuit court is affirmed.