Jeleniewski v. Eck
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. The appeal is from a judgment dismissing plaintiff’s complaint and awarding judgment in favor of defendants notwithstanding the verdict.
Read the full summary
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. The appeal is from a judgment dismissing plaintiff’s complaint and awarding judgment in favor of defendants notwithstanding the verdict. The complaint alleged that defendants, in order to induce plaintiff to become their tenant in a store building, fraudulently represented that the building would be ready and jit for occupancy on May 1, 1920; that defendants knew that the building had been condemned and would not then be fit for occupancy; that the representations were made for the purpose of…
1Opinion of the CourtJones, J.
Evidently with some reluctance the trial court entered judgment for defendants notwithstanding the verdict of the jury, acting on the theory that the representations relied on were' mere expressions of opinion or intent to do something in the future, and not representations of an exist*499ing fact or a past event. As the trial court said in the opinion;
“There is no dispute .that the general rule is that statements or representations as to future or contingent events or as to expectations or probabilities, or as to what will be or is intended to be done in the future, do not constitute actionable…
2Cases cited7 opinions
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Patterson v. WrightWisconsin Supreme Court · 1885
- Tufts v. WeinfeldWisconsin Supreme Court · 1894
- Sheldon v. DavidsonWisconsin Supreme Court · 1893
- Knudson v. GeorgeWisconsin Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Beers v. Atlas Assurance Co.Wisconsin Supreme Court · 1934
- Mahonna v. ChaimsonWisconsin Supreme Court · 1934
- Beers v. Atlas Assurance Co.Wisconsin Supreme Court · 1934
- Madden Bros. v. JacobsWisconsin Supreme Court · 1931