Baker v. Beach

Where one enters into a written contract to sell and convey land to another upon the payment of certain sums, he is entitled, after a default in any snch payment, to a judgment foreclosing the rights of the vendee under the contract, unless the amount due is paid by a day fixed by the court; but not to a judgment directing a sale of the land to make the amount due, and requiring the vendee to pay any deficiency.

APPEAL from the Circuit Court for Waushara County. In November, 1858, Baker entered into a written contract with Beach, by which the latter agreed to pay him for certain land in Waushara county, $200 in two equal payments, June 1st, 1860, and June 1st, 1861, with interest, &c.; and after such payments Baker was to give Beach a deed of the land. On default by Beach in the payment of part of the first in-stalment, this suit was brought to foreclose his equities, and obtain a sale of the lots to pay the amount due on the contract, and a personal judgment against Beach for any deficiency. Judgment was entered in accordance with the plaintiff’s demand. cited Button vs. Schroyer, 5 Wis., 598.