Pickard v. Farmers & Merchants Bank of Richland Center, Wisconsin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rich-land county: George Clementson, Circuit Judge. The action was brought by the plaintiffs to reform a real-estate mortgage and notes secured thereby.
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Appeal from a judgment of the circuit court for Rich-land county: George Clementson, Circuit Judge. The action was brought by the plaintiffs to reform a real-estate mortgage and notes secured thereby. On August 6, 1917, the plaintiffs and C. J. Duren came to the defendant bank and at their request the cashier, Mr. Fiske, drew up a land contract by which Duren contracted for the sale of his farm to Pickard for $12,500. Pickard was to pay $1,000 down on that day, the balance the following February. The same day Pickard borrowed $2,315 frqm' the bank, paid Duren the $1,000, and paid a prior…
1DissentEschweiler, J.
The oral agreement between the parties for a loan was in August, 1917. When they met again in the following February the plaintiffs relied entirely upon their supposition that the cashier of the bank would remember what took place in August and do not at such time mention that the loan is to be $11,500 rather than the $12,500, an amount which was a subject of conversation in the preceding August. This evidently was the plaintiffs’ one transaction of such kind or magnitude. It is fáir to assume that the bank had many similar transactions with others in the interim. That there was no actual…
2Cases cited5 opinions
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- Eland State Bank v. Massachusetts Bonding & InsuranceWisconsin Supreme Court · 1917