Hurd v. Hall
Wisconsin Supreme Court
APPEAL from tbe circuit court for Dam county. This was an action to recover back money paid by tbe plaintiff to tbe defendant, and for other relief.
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APPEAL from tbe circuit court for Dam county. This was an action to recover back money paid by tbe plaintiff to tbe defendant, and for other relief. Tbe complaint, as amended, alleges, tbat on tbe 2d day of October, 1854, tbe defendant applied to tbe commissioners of school and university lands of tbe state of Wisconsin, to purchase for himself and tbe plaintiff, jointly, lots Nos. 118,120, 121 and 122 in section 16, town 4, range 12, in Rock county; tbat upon such application tbe commissioners executed certificates of sale for said lots to tbe plaintiff and defendant, in tbe usual form, they…
1Opinion of the Court
By the Court,
Disosr, O. J.
That both, the parties to this suit acted under a radical mistake, either in matters of law or in matters of fact, in the transaction disclosed bj the record, can hardly admit of denial or doubt. That such was the case with the plaintiff seems still less questionable. It is impossible to suppose that he would have purchased the certificates in question at the price agreed upon, if he had known that they were worth less than so many pieces of blank paper. The fact that they were so, proves almost conclusively that he was in some way deluded or misled. As it is only…
2Cases cited8 opinions
- Pacific Cable Construction Co. v. McNattWashington Supreme Court · 1891
- Howell v. WilsonIndiana Supreme Court · 1831
- In re MayorNew York Supreme Court · 1829
- Mandeville v. Joseph Riddle & Co.Supreme Court of the United States · 1803
- Champlin v. LaytinNew York Court of Chancery · 1836
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- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
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