Legal Opinion

Francois v. Cady Land Co.

Wisconsin Supreme Court

Decided April 3, 1912PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Brown, county: S. D. HastiNgs, Circuit Judge. The defendant is a corporation dealing in real estate and real-estate securities at Green Bay. On October 8, 19 07, the-plaintiff purchased from the defendant at par the note of one John Mosuch and wife for $2,300, due three years after its-date (viz.

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Appeal from a judgment of the circuit court for Brown, county: S. D. HastiNgs, Circuit Judge. The defendant is a corporation dealing in real estate and real-estate securities at Green Bay. On October 8, 19 07, the-plaintiff purchased from the defendant at par the note of one John Mosuch and wife for $2,300, due three years after its-date (viz. September 14, 1907), secured by a mortgage upon a lot and building thereon in the city of Oshkosh, which the plaintiff bad never seen. Tbe plaintiff bad previously pur-•cbased of tbe defendant several securities of tbe same kind, and be alleged in bis…

1Opinion of the CourtWiNsnow, C. J.

The action was brought upon a supposed contract of guaranty. This is apparent from the complaint. Upon the trial the plaintiff’s evidence showed that the defendant’s agent, at the time plaintiff purchased the mortgage, represented that the mortgaged property was worth somewhere from $4,500 to $5,000, and that he relied upon the representation. The defendant’s agent admitted that he stated that in his opinion it was worth $4,500. At the close of the evidence in the case and on June 16, 1911, the plaintiff was allowed to amend his complaint by adding after the allegation that the mortgaged real…

2Cases cited2 opinions

  1. Puffer v. WelchWisconsin Supreme Court · 1911
  2. Horton v. LeeWisconsin Supreme Court · 1900

3Cited by6 opinions

  1. Miranovitz v. GeeWisconsin Supreme Court · 1916
  2. Ott v. HoodWisconsin Supreme Court · 1913
  3. Peters v. KellWisconsin Supreme Court · 1960
  4. Blake v. MillerWisconsin Supreme Court · 1922
  5. Schauer v. BodenheimerWisconsin Supreme Court · 1912

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