Lockwood v. Allen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Barron county: A. J. Votje, Circuit Judge. Action to rescind a conveyance of land alleged to have been made under such circumstances as to constitute a fraud upon tbe plaintiff. Tbe defendant was a real-estate dealer living in St. Paul. Tbe plaintiff was a farmer residing at Nortbfield, Minnesota.
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Appeal from a judgment of the circuit court for Barron county: A. J. Votje, Circuit Judge. Action to rescind a conveyance of land alleged to have been made under such circumstances as to constitute a fraud upon tbe plaintiff. Tbe defendant was a real-estate dealer living in St. Paul. Tbe plaintiff was a farmer residing at Nortbfield, Minnesota. In December, 1899, tbe plaintiff entered into negotiations witb tbe defendant tbrongb bis agent, Merritt Moore, witb a view of purchasing a tract of farming land in tbis state. Plaintiff and Moore went to St. Paul, saw defendant, and told bim tbe kind…
1Opinion of the Court
Eaedeeít, J.
1. The defendant argues that the complaint is insufficient, as not containing allegations showing the agency of Hennen, or of injury resulting from the alleged misrepresentations, or of ability to reconvey the land. We are satisfied that none of these complaints are well founded. The allegations of Hennen’s agency are direct and unequivocal, and were fully supported by the evidence. The averments as to injury are not so definite. The land shown to plaintiff is alleged to have been fertile and well-timbered, while the land he received was “rough, stony, hilly, swampy, and…
2Cases cited4 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Kidder v. StevensCalifornia Supreme Court · 1882
- Bell v. AndersonWisconsin Supreme Court · 1889
- Eaton v. WoydtWisconsin Supreme Court · 1870
3Cited by4 opinions
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Hansen v. AllenWisconsin Supreme Court · 1903
- Lepley v. AndersenWisconsin Supreme Court · 1910
- Miller v. HackbarthWisconsin Supreme Court · 1905