Legal Opinion

Mann v. Becker

Wisconsin Supreme Court

Decided March 9, 1920PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Edgar V. Werner, Judge. Action to recover damages sustained by reason of false and fraudulent representations made by the defendant as to the quality of lumber and workmanship in a duplex flat purchased from him for $6,000. Plaintiffs’ claims are: (1) defendant represented that no old lumber was used in the flat, whereas the fact was that more than 7,000 feet of old lumber were used; (2) defendant represented…

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Appeal from a judgment of the circuit court for Milwaukee county: Edgar V. Werner, Judge. Action to recover damages sustained by reason of false and fraudulent representations made by the defendant as to the quality of lumber and workmanship in a duplex flat purchased from him for $6,000. Plaintiffs’ claims are: (1) defendant represented that no old lumber was used in the flat, whereas the fact was that more than 7,000 feet of old lumber were used; (2) defendant represented that the flat was built in a workmanlike manner, whereas the fact was that it was not, but was built in a defective…

1Opinion of the CourtVinje, J.

The printed case contains over 200 pages of evidence, mostly in the form of question and answer instead of in the narrative form as required by the practice of this court. It is conceded that appellant’s attorney has at least a partial excuse for not complying with the requirements of the court in this instance, and is therefore not subject to the criticism he otherwise would be. But the court deems it best to allude to the matter to the end that there may be fewer infractions of the rule in future.

We have carefully examined the evidencé both as to the amount of old lumber used in the…

2Cases cited2 opinions

  1. Harney v. BurhansWisconsin Supreme Court · 1895
  2. Carlock v. JohnsonWisconsin Supreme Court · 1917

3Cited by4 opinions

  1. Thiel v. JahnsWisconsin Supreme Court · 1947
  2. Heller v. BairdWisconsin Supreme Court · 1926
  3. Wirthwein v. DaileyWisconsin Supreme Court · 1923
  4. Seelen v. Couillard (In re Couillard)United States Bankruptcy Court, W.D. Wisconsin · 2012

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