Grant v. Law
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The complaint states that the plaintiff purchased of the defendant, four hundred acres of land in LaFayette county, for the consideration of $40,000, paid $15,000 in'cash, and gave notes and a mortgage for the Balance, three'of which, fór the sum of $5,000 each and interest at ten per cent., were still' outstanding and Belonged to defendant.
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APPEAL from the Circuit Court for La Fayette County. The complaint states that the plaintiff purchased of the defendant, four hundred acres of land in LaFayette county, for the consideration of $40,000, paid $15,000 in'cash, and gave notes and a mortgage for the Balance, three'of which, fór the sum of $5,000 each and interest at ten per cent., were still' outstanding and Belonged to defendant. The' plaintiff then alleged' that, to induce him to purchase, the defendant By his agent, R. S. Law, represented among' other things, that - such land Was very rich and valuable mineral ground, add…
1Opinion of the CourtCoiiE, J.
It is objected that tbe judgment in this case proceeds upon an .erroneous basis, and cannot stand; that it gives tbe plaintiff the title to tbe land, and yet deprives tbe vendor of tbe unpaid purchase money. It is insisted that, if tbe plaintiff seeks to rescind the contract on account of fraud practiced upon him by the defendant at tbe time of sale, then be must rescind in tolo, and cannot rescind in part and affirm in part. The complaint demands a judgment for sixty thousand dollars damages sustained in consequence of the fraud and misrepresentations made in regard to the land being rich…
2Cases cited4 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Miner v. MedburyWisconsin Supreme Court · 1858
- Weed v. PageWisconsin Supreme Court · 1859
- Costigan v. HawkinsWisconsin Supreme Court · 1867
3Cited by11 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Adams v. ReedUtah Supreme Court · 1895
- Cotzhausen v. SimonWisconsin Supreme Court · 1879
- Gay v. OsborneWisconsin Supreme Court · 1899
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
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