Marshfield Brewing Co. v. Schmidler

Peterson, Justice.

Plaintiff sues to rescind a contract for the purchase by it of a brewery at Grafton, Wisconsin, alleged to have been procured by defendant through fraud, and to recover $1,000 paid thereunder. In answer to a special interrogatory, the jury found defendant not guilty of the fraud alleged. Upon a finding adopting the verdict, decision went for defendant. Plaintiff appeals.

The only question here is whether the evidence establishes as a matter , of law that plaintiff was induced by fraud on the part of defendant to enter into the contract.

In substance, the charge of fraud is…