Heal v. Stoll
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an action for deceit on the alleged false representations of the defendants concerning the value of a note secured by a second mortgage.
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Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an action for deceit on the alleged false representations of the defendants concerning the value of a note secured by a second mortgage. The complaint alleged that the defendant Stoll was the agent of the defendant Schroeder and was duly authorized to' act on behalf of Schroeder in the transaction complained of; that the defendant Stoll had a financial interest in the transaction; that on or about March 31, 1913, Stoll induced the plaintiff to sell his land in Vernon county, Wisconsin, to…
1DissentEschweiler, J.
I think the present judgment goes too far and beyond even the heretofore recognized wide field of relief in. such class of cases.
Here a man of mature years; of former business experience; dealing at arm’s length with others; no trust or confidential relationship existing; with the fullest opportunity to examine for himself; no fraud or artifice interposed in the slightest degree to prevent his learning the facts, purchases a second mortgage in alleged reliance upon a seller’s statement that it is “as good as gold.”
From its very nature a second mortgage, as a matter of common knowledge, is…
2Cases cited1 opinion
- Farmers' Co-operative Packing Co. v. BoydWisconsin Supreme Court · 1922