Hull v. Doheny
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Rock county: Geoege G-eimm, Circuit Judge. This is an action to recover damages resulting from an alleged successful fraudulent conspiracy by tbe defendants, seven in number, by wbicb tbe plaintiff was induced to purchase 320 acres of land in Kansas, paying $12,800 tberefor, when tbe same was in fact worth only $2,240. A general demurrer to tbe complaint was sustained and tbe plaintiff appeals.
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Appeal from an order of tbe circuit court for Rock county: Geoege G-eimm, Circuit Judge. This is an action to recover damages resulting from an alleged successful fraudulent conspiracy by tbe defendants, seven in number, by wbicb tbe plaintiff was induced to purchase 320 acres of land in Kansas, paying $12,800 tberefor, when tbe same was in fact worth only $2,240. A general demurrer to tbe complaint was sustained and tbe plaintiff appeals. Tbe complaint alleges in substance that tbe defendant Kaplce on November 22, 1913, owned tbe land'in question, and that on that date tbe defendant Doheny…
1Opinion of the CourtWinslow, C. J.
If this complaint does not tell a plain tale of actionable fraud, it would be hard to find one that does. The gist of it is this: The defendants, acting in accordance with a prearranged plan of action for their mutual profit, induced the plaintiff to buy 320 acres of land in a distant state at $40 per acre, on the false representation that it was worth more than that sum per acre and that a third party, whose written offer was produced, stood ready to purchase it at once at $47.50 an acre; when as matter of fact the land was not worth to exceed $7 per acre, the letter was a fiction, and the…
2Cases cited4 opinions
- Martens v. ReillyWisconsin Supreme Court · 1901
- Randall v. LonstorfWisconsin Supreme Court · 1905
- Morgan v. HodgeWisconsin Supreme Court · 1911
- Gebhardt v. HolmesWisconsin Supreme Court · 1912
3Cited by8 opinions
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- McLennan v. ChurchWisconsin Supreme Court · 1916
- Kabatchnick v. Hanover-Elm Building Corp.Massachusetts Supreme Judicial Court · 1952
- Miley v. HeaneyWisconsin Supreme Court · 1918
- Grosgebauer v. SchneiderWashington Supreme Court · 1934
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