Larson v. Splett

Plaintiffs’ complaint alleges damages as the result of misrepresentation, fraud, and deceit by defendants in the sale of the farm, in that (1) the cattle were infected with brucellosis, (2) the machinery was not in working condition, (3) one of the sows was not bred, and (4) certain portions of the land were not tillable.

The elements of fraud are stated in International Milling Co. v. Priem (1923), 179 Wis. 622, 624, 192 N. W. 68, as follows:

“To be actionable the false representation must consist, first, of a statement of fact which is untrue; second, that it was made with intent to defraud…