Singer v. Schilling
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwauJeee County. Replevin. The answer alleges ownership by the defendant as assignee of one Carl W. Elgeti. The goods in question had been sold by the plaintiff on credit to Elgeti, and the evidence on the trial tended to'show that the sale had .been induced by the fraudulent representations of the latter as to his financial standing. Other facts will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for MilwauJeee County. Replevin. The answer alleges ownership by the defendant as assignee of one Carl W. Elgeti. The goods in question had been sold by the plaintiff on credit to Elgeti, and the evidence on the trial tended to'show that the sale had .been induced by the fraudulent representations of the latter as to his financial standing. Other facts will sufficiently appear from the opinion. The trial court directed a verdict in favor of the defendant, and from the judgment entered thereon the plaintiff appealed.
1Opinion of the CourtCole, C. J.
The right of a vendor of goods procured by fraud to rescind the sale and reclaim such goods is too well settled to admit of controversy. Indeed that right is not questioned in this case.. But it is said if a defrauded vendor elects to rescind the sale upon discovering the fraud, he must disaffirm the entire contract; he cannot affirm in part and disaffirm in part. The correctness of this proposition cannot be questioned. The inquiry remains whether the evidence in the case shows that the plaintiff has done anything by which he has lost his right to maintain this action, which is brought to…
2Cases cited2 opinions
- Powers v. . BenedictNew York Court of Appeals · 1882
- Farwell v. MyersMichigan Supreme Court · 1886
3Cited by5 opinions
- Peninsular Stove Co. v. EllisIndiana Court of Appeals · 1898
- Lee v. BurnhamWisconsin Supreme Court · 1892
- Matthews v. OttWisconsin Supreme Court · 1894
- Roesler v. ShastriWisconsin Supreme Court · 1918
- Wiltrout v. SpragueWyoming Supreme Court · 1929