Husbrook v. Strawser
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. This was an action to recover damages in consequence of certain false and fraudulent representations alleged to have been made to tbe plaintiff by tbe defendant, in regard to tbe location, character and value of certain land then belonging to tbe defendant, by which representations tbe plaintiff was induced to purchase the land. On the trial, evidence was introduced tending to sustain tbe complaint.
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APPEAL from tbe Circuit Court for Bock County. This was an action to recover damages in consequence of certain false and fraudulent representations alleged to have been made to tbe plaintiff by tbe defendant, in regard to tbe location, character and value of certain land then belonging to tbe defendant, by which representations tbe plaintiff was induced to purchase the land. On the trial, evidence was introduced tending to sustain tbe complaint. It appearing that the plaintiff bad visited the land in question sometime after said purchase was made, the defendant introduced evidence tending to…
1Opinion of the Court
By the Court,
DixON, C. J.
The court is of opinion that the judgment in this case must be reversed and a new trial awarded, for error in tbe instructions of tbe judge to tho jury. Among others he gave the following: “If the jury find from the evidence that after the plaintiff personally examined the land, he did state to various persons that he was *404P^easei^ ^ie ^an<^’ ^at ma<^e a g°°d trade; the land was better than he expected, &c.; it is evidence proper for the jury to consider, and the plaintiff cannot now take it back and say he did not mean what he said, unless there is some reasonable…
2Cited by5 opinions
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