Griffiths v. Cretney
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Iowa county: G-eoege Olementsoh', Circuit Judge. Plaintiffs bring this action alleging that defendants,, through misrepresentation and undue influence, fraudulently .obtained an exchange of projierties on September 12, 1905,. and praying for cancellation of their deed of transfer of their-farm to the defendants, for a reconveyance thereof to them by the defendants, and for damages in the sum of $1,000. The plaintiffs are…
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Appeals from a judgment of the circuit court for Iowa county: G-eoege Olementsoh', Circuit Judge. Plaintiffs bring this action alleging that defendants,, through misrepresentation and undue influence, fraudulently .obtained an exchange of projierties on September 12, 1905,. and praying for cancellation of their deed of transfer of their-farm to the defendants, for a reconveyance thereof to them by the defendants, and for damages in the sum of $1,000. The plaintiffs are farmers who were born and raised on the farm of 193 acres which they acquired from their father at Ms death, and to which…
1Opinion of the CourtSiebeCKER, J.
It is urged that the court erred in retaining jurisdiction of the cause to award plaintiffs damages after determining that a judgment for a rescission of the deeds and transfers of the lands involved could not be awarded as prayed for by the plaintiffs. The appellants’ contentions, embrace two questions: first, Is the case one which the court may retain if rescission could not be awarded, and grant relief by way of damages; secondly, Do the facts and circumstances shown present a case for an award of damages ? As-to the first question, the practice is well established that when a court of…
2Cases cited6 opinions
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Combs v. ScottWisconsin Supreme Court · 1890
- Johanson v. Webster Manufacturing Co.Wisconsin Supreme Court · 1909
- Gerbig v. BellWisconsin Supreme Court · 1910
- Lindsay v. FrickeWisconsin Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gerbig v. BellWisconsin Supreme Court · 1910
- Buehler v. StaudenmayerWisconsin Supreme Court · 1911