Dowagiac Manufacturing Co. v. Schroeder
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastihgs, Jr., Circuit Judge. This is an action for the recovery of the purchase price of two grain drills sold by the plaintiff to the defendant by a written contract of sale. The defense relied upon was that the defendant was induced to sign the contract by fraudulent. representations as to its contents.
Read the full summary
Appeal from a judgment of the circuit court for Brown county: S. D. Hastihgs, Jr., Circuit Judge. This is an action for the recovery of the purchase price of two grain drills sold by the plaintiff to the defendant by a written contract of sale. The defense relied upon was that the defendant was induced to sign the contract by fraudulent. representations as to its contents. The plaintiff’s evidence showed the execution of the contract by both parties, the delivery of the drills as provided for by the terms of the ■contract, and the fact of nonpayment. The defendant’s evidence concerning the…
1Opinion of the CourtWiNslow, J.
It was shown that the defendant purchased the grain drills in question by a written contract, and the ■only defense attempted to be. made, or which the evidence tends to establish, was that the defendant was induced to sign the contract of purchase by means of fraudulent representations made by the plaintiff’s agent as to the contents of the contract.
The principle of law is that, if it be clearly and satisfactorily proven that a party signed a note or contract relying upon false and fraudulent representations as to its true character, and was guilty of no negligence in failing to ascertain…
2Cases cited4 opinions
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Calteaux v. MuellerWisconsin Supreme Court · 1899
- Bowers v. ThomasWisconsin Supreme Court · 1885
- J. & H. Clasgens Co. v. SilberWisconsin Supreme Court · 1894
3Cited by11 opinions
- Bank of Sun Prairie v. EsserWisconsin Supreme Court · 1990
- Maxon v. GatesWisconsin Supreme Court · 1901
- Carney-Rutter Agency, Inc. v. Central Office Buildings, Inc.Wisconsin Supreme Court · 1953
- Chamberlain v. Prudential Insurance Co. of AmericaWisconsin Supreme Court · 1901
- Kruse v. KoelzerWisconsin Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.