Moll v. Semler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. This appeal was taken by the plaintiff from an order of the court vacating its judgment rendered in favor of the plaintiff, and awarding a new trial. The following statement of facts was. prepared by Mr. Justice Cole, as a part of his opinion: This is an appeal from an order granting a new trial.
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APPEAL from the Circuit Court for Washington County. This appeal was taken by the plaintiff from an order of the court vacating its judgment rendered in favor of the plaintiff, and awarding a new trial. The following statement of facts was. prepared by Mr. Justice Cole, as a part of his opinion: This is an appeal from an order granting a new trial. The action is in equity, brought by Moll to rescind a contract for the purchase of real estate and to recover back what he has paid on the contract. The ground upon which this relief is sought by the plaintiff is, that he was induced to purchase…
1Opinion of the CourtCole, J.
We are inclined to bold that there was no abuse of discretion on the part of the court below in granting a new trial. It is a matter of some doubt, perhaps, whether, upon the facts as disclosed by the evidence, there was such a case of fraud established as justified the rescission of the contract. Upon that point, however, we must not be understood as expressing a definite opinion, but only as sajdng that to our minds the case is not entirely clear, and the court below was unquestionably right in proceeding with much caution. It is possible that such a relation of confidence and trust existed…
2Cited by1 opinion
- Smith v. SmithWisconsin Supreme Court · 1881