Darlington v. J. L. Gates Land Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rusk county: James Wicehak, Circuit Judge. Action to recover damages for failure to acquire certain timber standing on lands purchased by plaintiffs from tbe defendant and which it is alleged the defendant falsely and fraudulently represented belonged to it at the time of sale and was included in the purchase of the lands.
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Appeal from a judgment of the circuit court for Rusk county: James Wicehak, Circuit Judge. Action to recover damages for failure to acquire certain timber standing on lands purchased by plaintiffs from tbe defendant and which it is alleged the defendant falsely and fraudulently represented belonged to it at the time of sale and was included in the purchase of the lands. The case was here before on appeal from an order 'overruling a general demurrer to the complaint, and is reported in 142 Wis. 198, 125 N. W. 456, to which reference is made for a fuller statement of facts. The jury found (1)…
1Opinion of the Court
The following opinion was filed October 29, 1912:
Vinje, J.
The case was tried on the complaint before this court in Darlington v. Gates L. Co. 142 Wis. 198, 125 N. W. 456, and it was there held that it sufficiently alleged a cause of action for fraud and also one for -a breach of the covenants of warranty in the deed. Claim is now made by the defendant that the action is one for fraud, and that as to the Diamond lands, since no actual fraud was shown, the representations merged in the covenants of the deed and there is nothing to support the judgment. The question of whether this is -an action…
2Cases cited16 opinions
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Gross v. HeckertWisconsin Supreme Court · 1904
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Docter v. HellbergWisconsin Supreme Court · 1886
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3Cited by11 opinions
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- Household Finance Corp. v. ChristianWisconsin Supreme Court · 1959
- Rogers v. RosenfeldWisconsin Supreme Court · 1914
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