Risch v. Von Lillienthal
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaulcee County. The plaintiff, being the owner of a house and lot in Milwaukee,- of the value of $2,200, ’ purchased of the defendant Von Lillienthal a farm in Marquette county, represented by the latter to be worth $5,000, giving his house and lot in exchange therefor, and executing notes secured by mortgage on the farm for the balance of the purchase money.
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APPEAL from tbe Circuit Court for Milwaulcee County. The plaintiff, being the owner of a house and lot in Milwaukee,- of the value of $2,200, ’ purchased of the defendant Von Lillienthal a farm in Marquette county, represented by the latter to be worth $5,000, giving his house and lot in exchange therefor, and executing notes secured by mortgage on the farm for the balance of the purchase money. This action was brought to rescind the sale, and for a cancellation of the notes and mortgage and a reconveyance of the property, on the ground of fraudulent representations of Von Lillienlhal as to…
1Opinion of the CourtCole, J.
Was the plaintiff entitled to a rescission of the contract, and to the relief granted in the court below, on account of fraud and misrepresentation practised upon him by the defendant? The subject-matter of the contract was a farm, situated in the county of Marquette, consisting of three hundred and eighty acres. The plaintiff is a resident of Milwaukee, and, being desirous to exchange his homestead, situated in that city, for a farm in the country, and seeing an advertisement of this farm, in a G-erman paper published in the city, by one Meyer, a real estate agent, applied to such agent for…
2Cases cited3 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Miner v. MedburyWisconsin Supreme Court · 1858
- Kuelkamp v. HiddingWisconsin Supreme Court · 1872
3Cited by11 opinions
- Labbe v. CorbettTexas Supreme Court · 1888
- Gridley v. RossIdaho Supreme Court · 1923
- Hoock v. BowmanNebraska Supreme Court · 1894
- State v. . CliftonSupreme Court of North Carolina · 1910
- Wachowski v. LutzWisconsin Supreme Court · 1924
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