Mosher v. Post
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond ■du Lac county: N. S. GilsoN, Circuit Judge. This is an action for damages for deceit in an exchange of'a farm for a stock of merchandise. The plaintiff owned a farm. The defendant owned a stock of second-hand, miscellaneous, misfit merchandise. The plaintiff proposed a trade.
Read the full summary
Appeal from a judgment of tbe circuit court for Eond ■du Lac county: N. S. GilsoN, Circuit Judge. This is an action for damages for deceit in an exchange of'a farm for a stock of merchandise. The plaintiff owned a farm. The defendant owned a stock of second-hand, miscellaneous, misfit merchandise. The plaintiff proposed a trade. Defendant asked, “ How mnch is your farm worth ? ” Plaintiff said, “$7,000.” Plaintiff asked, “What is your stock worth?” Defendant said, “$7,000.” Plaintiff asked, “ What do your daily sales amount to ? ” Defendant said, “ $25 to $100 per day.” At the close of…
1Opinion of the CourtNewhaN, J.
The plaintiff’s right to recover is rested upon the falsity of two representations which the defendant is found by the jury to have made respecting the goods which he exchanged with the plaintiff for his farm. These are: (1) That the goods were worth $7,000, and (2) that defendant’s daily sales amounted to from $25 to $100. The jury found that both representations were made and that both were false. The representation of value was sufficiently proved. Whether it was false is not so clear. But it is not material. It was a mere seller’s statement, and furnishes no ground for an action for…
2Cases cited7 opinions
- Gordon v. ButlerSupreme Court of the United States · 1882
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
- Chrysler v. . CanadayNew York Court of Appeals · 1882
- Homer v. PerkinsMassachusetts Supreme Judicial Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Farr v. PetersonWisconsin Supreme Court · 1895
- O'Day v. MeyersWisconsin Supreme Court · 1911
- Benz v. ZobelWisconsin Supreme Court · 1949
5 more not listed; retrieve them via the Exa API.