Vicker v. O'Connor

Two. questions are presented upon this appeal: First, whether the facts and circumstances were such as to give rise to a right of rescission in plaintiff; second, whether, if so, plaintiff ratified the transaction or waived his right to rescind. This requires an examination of the facts in some detail. Since, after a careful examination of the record, we are satisfied that the findings of the trial court are supported by the evidence, the material facts may be stated as found by the court.

On August 28, 1933, defendant owned and operated a stone quarry in the city of Stevens Point. Plaintiff,…