Williams v. Rank & Son Buick, Inc.

The two questions raised on this appeal are:(1) Is the trial court’s finding of fraud against the great weight and clear preponderance of the evidence; and(2) Is respondent entitled to attorney fees in excess of the amount allowed by sec. 251.23 (1) and sec. (Rule) 251.84, Stats.?

Finding of Fraud.

This court has consistently held that the party alleging fraud has the burden of proving it by clear and convincing evidence 1 and that factual findings of the trial court will not be upset unless contrary to the great weight and clear preponderance of the evidence.2 Based upon these principles it is…