Bird v. Kleiner
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Dane County. This action was commenced in justice’s court. Tbe complaint alleges in substance, “ tbat in January, 1870, tbe plaintiff received of tbe defendant a conveyance of certain premises therein described, for a consideration expressed in tbe instrument; ‘that, prior to tbe delivery of tbe deed, tbe plaintiff and defendant went upon tbe land which tbe defendant claimed be wished to sell, and tbe defendant there showed him tbe corners…
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APPEAL from tlie Circuit Court for Dane County. This action was commenced in justice’s court. Tbe complaint alleges in substance, “ tbat in January, 1870, tbe plaintiff received of tbe defendant a conveyance of certain premises therein described, for a consideration expressed in tbe instrument; ‘that, prior to tbe delivery of tbe deed, tbe plaintiff and defendant went upon tbe land which tbe defendant claimed be wished to sell, and tbe defendant there showed him tbe corners and boundaries of th$ lot; tbat, when tbe deed was delivered, tbe defendant represented tbat it was a conveyance of tbe…
1Opinion of the Court
Cole, T.
The complaint is very inartificially drawn, and it is not entirely clear whether the pleader intended to count upon fraud, or upon a mistake and breach of warranty. • On the trial, however, the defendant claimed, and requested the court so to charge, that unless the evidence proved that fraud had been intentionally practiced on the plaintiff by the defendant, by showing one piece of land as the subject of sale, and then inserting the description of a different tract in the deed, there could be no recovery. In other words, unless there was, on the part of the defendant, an intention to…
2Cases cited2 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- State v. HuckWisconsin Supreme Court · 1871
3Cited by18 opinions
- Whipp v. IversonWisconsin Supreme Court · 1969
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Krause v. BusackerWisconsin Supreme Court · 1900
- Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891
- Schlechter v. FeltonSupreme Court of Minnesota · 1916
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