Meeme Mutual Home Protective Fire Insurance v. Lorfeld

There is practically no dispute in the evidence. The findings of the trial court are well supported by it. The controversy arises over what in law constitutes a mistake of fact. This matter was carefully considered by *324this court in Kowalke v. Milwaukee E. R. & L. Co. 103 Wis. 472, 79 N. W. 762. The court there said:

“The most philosophical definition we have found is that presented by Pdmeroy (Eq. Jur. § 839) : ‘an unconscious ignorance or forgetfulness of the existence or nonexistence of a fact, past or present, material to the contract.’ This definition contains several elements, each of…