Schamper v. Ullrich
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood •county: Ohas. M. Webb, Circuit Judge. This action was commenced December 11, 1905, to recover damages sustained by alleged false representations in a land deal between the parties, and also by a failure of the defendant to perform an alleged oral contract in respect to the deal. The lands were situated near Grand Rapids and Nekoosa in Wood county.
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Appeal from a judgment of the circuit court for Wood •county: Ohas. M. Webb, Circuit Judge. This action was commenced December 11, 1905, to recover damages sustained by alleged false representations in a land deal between the parties, and also by a failure of the defendant to perform an alleged oral contract in respect to the deal. The lands were situated near Grand Rapids and Nekoosa in Wood county. The complaint is unique, and to the effect that prior to April 1, 1905, both parties resided in Chicago; that tbe defendant bad several valuable farms for sale near Grand Rapids, whicli be…
1Opinion of the CourtCassoday, C. J.
1. Upon objection to evidence under tbe •complaint tbe trial court seems to have been of tbe opinion that if tbe defendant was liable to the plaintiff at all bis liability was founded upon tbe settlement of tbe wrongs previously alleged in tbe complaint and tbe promise and agreement to repay to tbe plaintiff tbe $600 be bad realized and retained on tbe mortgage and tbe $150 alleged to have been realized on tbe sale of tbe farm, over and above tbe $1,350 therein mentioned. However that may have been, we are clearly of tbe •opinion that there was no error in allowing tbe plaintiff to ■elect…
2Cases cited4 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Hayes v. FreyWisconsin Supreme Court · 1882
- Allis v. Meadow Spring Distilling Co.Wisconsin Supreme Court · 1886
- McMahon v. SnyderWisconsin Supreme Court · 1903
3Cited by5 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Estate of Hatten v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1939
- McCall v. BiltyWisconsin Supreme Court · 1920
- Nelson v. DevneyCourt of Appeals for the Seventh Circuit · 1939
- Maher v. SmithNorth Dakota Supreme Court · 1939