Klipstein v. Raschein
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: R. G. SiebeceeR, Circuit Judge. For a complaint plaintiff stated, in effect, that during negotiations had by' him with defendant respecting the purchase of a horse he asked defendant if the animal was suitable for farm work and would work well in hauling heavy loads, to which answer was made in the affirmative and that defendant would warrant the horse in that regard; that plaintiff relied upon such assurance and…
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Appeal from a judgment of tbe circuit court for Sauk county: R. G. SiebeceeR, Circuit Judge. For a complaint plaintiff stated, in effect, that during negotiations had by' him with defendant respecting the purchase of a horse he asked defendant if the animal was suitable for farm work and would work well in hauling heavy loads, to which answer was made in the affirmative and that defendant would warrant the horse in that regard; that plaintiff relied upon such assurance and bought the horse of defendant, paying him therefor $125; that the animal was in fact a balky horse and entirely unfit for…
1Opinion of the CourtMaeshall, J.
The first proposition to be considered is that the court erred in holding that the cause of action set forth in the complaint is for damages for a fraudulent warranty. It is conceded that the making of false representa-, tions by defendant respecting the quality of the horse, with knowledge of their falsity on his part, and reliance thereon by plaintiff, are plainly pleaded in the complaint; but it is *250said that in addition thereto an express allegation is necessary to tbe effect that tbe false warranty was made witb intent to induce tbe plaintiff to purchase tbe horse at tbe time of the…
2Cases cited14 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Morse v. GilmanWisconsin Supreme Court · 1863
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Miller v. BayerWisconsin Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
- City of Madison v. GeierWisconsin Supreme Court · 1965
- Kuehn v. KuehnWisconsin Supreme Court · 1960
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Bowe v. GageWisconsin Supreme Court · 1906
13 more not listed; retrieve them via the Exa API.