Trumpf v. Shoudy
Wisconsin Supreme Court
Appeal from a judgment of title circuit court for Dane county: E. Ray Steveets, Circuit Judge. Action on contract for damages. Plaintiff was the owner of a hotel property located in tlie city of Madison, upon which, there wás a first mortgage of $30,000, and a second mortgage of $35,000 owned by the Iiausmann Brewing Company.
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Appeal from a judgment of title circuit court for Dane county: E. Ray Steveets, Circuit Judge. Action on contract for damages. Plaintiff was the owner of a hotel property located in tlie city of Madison, upon which, there wás a first mortgage of $30,000, and a second mortgage of $35,000 owned by the Iiausmann Brewing Company. Defendants were interested in two tracts of land situated in Hidalgo county, Texas, one 389 acres in extent, known as the Edinburg tract, and the other 280 acres, known as tho Mercedes tract. The defendants were real-estate dealers living at Rockford, Illinois. Plaintiff…
1DissentEschweiler, J.
I think the permitting of this judgment for damages to stand is establishing a danger*362ous precedent and is a departure from wbat bas heretofore been the steady course of this court both as to the measure of damages and in denying relief to persons who come into court relying upon a contract which is contrary to good morals and public policy.
It is suggested in the majority opinion in this case that plaintiff parted with his property upon the representation of the defendants that the Mercedes tract of 280 acres was worth $150 an acre and marketable; and further, in effect, that this contract was…
2Cases cited23 opinions
- Wight v. RindshopfWisconsin Supreme Court · 1877
- Kreamer v. EarlCalifornia Supreme Court · 1891
- Schmueckle v. WatersIndiana Supreme Court · 1890
- McLennan v. ChurchWisconsin Supreme Court · 1916
- Dunn v. MackeyCalifornia Supreme Court · 1889
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