Barndt v. Frederick
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Washington County. It is alleged in the complaint that on October 15, 1883, the defendant sold and delivered to the plaintiff, at the county of Waukesha in this state (in which county plaintiff resides), 100 shares of stock in the Arizona Peerless Silver Mining Company, a corporation, etc., for $3,000, which sum the plaintiff then paid defendant therefor.
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APPEAL from, the Circuit Court for Washington County. It is alleged in the complaint that on October 15, 1883, the defendant sold and delivered to the plaintiff, at the county of Waukesha in this state (in which county plaintiff resides), 100 shares of stock in the Arizona Peerless Silver Mining Company, a corporation, etc., for $3,000, which sum the plaintiff then paid defendant therefor. The complaint then proceeds as follows: “ That, at the time of the sale and delivery aforesaid, said defendant falsely and fraudulently represented to the plaintiff that said company was then actually and…
1Opinion of the Court
Lvox, J. I.
On the trial of the cause, counsel for defendant claimed that the action, as characterized by the complaint, is to recover the consideration paid for the mining stock, on a rescission of the contract of purchase because of the alleged false representations made by the defendant which the plaintiff believed to be true and on the faith of which he made the purchase. Such also is his contention in the argument here. On the other hand, counsel for plaintiff maintained on the trial, as he does in this court, that the action is to recover damages for the alleged fraud and deceit of the…
2Cases cited10 opinions
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Lane v. CameronWisconsin Supreme Court · 1875
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Smith v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Woodford v. MarshallWisconsin Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
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