Baker v. Becker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: ByeoN B. Pase, Circuit Judge. Action to recover on promissory note given in part payment of the purchase of a creamery. The defendants set up two counterclaims, one for the recovery of damages, and the other an equitable counterclaim setting forth alleged false and fraudulent representations made by the plaintiffs which induced the defendants to purchase the creamery and asking for rescission.
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Appeal from a judgment of the circuit court for Waupaca county: ByeoN B. Pase, Circuit Judge. Action to recover on promissory note given in part payment of the purchase of a creamery. The defendants set up two counterclaims, one for the recovery of damages, and the other an equitable counterclaim setting forth alleged false and fraudulent representations made by the plaintiffs which induced the defendants to purchase the creamery and asking for rescission. The answer of August B. Becker alleges that after discovery of the fraud he demanded the return of his money and notes given as…
1Opinion of the CourtKerwin, J.
The facts in the case fully appear in the statement of case hereinbefore set out.
The court below as well as the jury found that the alleged representations were made and in the main relied upon by defendant, were false, and damaged the defendant. These *379findings are well supported by tbe evidence notwithstanding they are vigorously assailed by counsel for appellants. True, the court disregarded the findings of the jury to the effect that the defendant did not have a right to rely upon the representations. In this regard the court was right. Upon the other findings and the evidence it was…
2Cases cited33 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Rowell v. SmithWisconsin Supreme Court · 1905
- Hart v. MoultonWisconsin Supreme Court · 1899
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
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3Cited by10 opinions
- Rochester Bridge Co. v. McNeillIndiana Supreme Court · 1919
- Mueller v. MichelsWisconsin Supreme Court · 1924
- Weinhagen v. HayesWisconsin Supreme Court · 1922
- Knudson v. GeorgeWisconsin Supreme Court · 1914
- Stockhausen v. OehlerWisconsin Supreme Court · 1925
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