Law v. Grant
Wisconsin Supreme Court
APPEAL from- tbe Circuit Court for La Fayette County. Action to foreclose a mortgage. Defense, fraud in inducing tbe plaintiff to contract the debt which it was given to secure. In December, 1867, the defendant purchased of the plaintiff a tract containing 400 acres of land in La Fayette county, and agreed to pay therefor $100 per acre, or $40,000 for the whole tract.
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APPEAL from- tbe Circuit Court for La Fayette County. Action to foreclose a mortgage. Defense, fraud in inducing tbe plaintiff to contract the debt which it was given to secure. In December, 1867, the defendant purchased of the plaintiff a tract containing 400 acres of land in La Fayette county, and agreed to pay therefor $100 per acre, or $40,000 for the whole tract. The defendant paid the p-laintiff, in cash, at the time of such purchase and on account thereof, $15,000, and gave his five promissory notes for $5,000 each and ten' per cent, interest, for the residue of the price. He also…
1Opinion of the CourtLyoN, J.
The cases cited by the learned counsel for the defendant abundantly demonstrate the rule of law to be, that if Bichard S. Law acted as the agent of the plaintiff in negotiating the sale of the mortgaged premises, the latter is responsible for all the means employed by his agent to effect the sale. If the agent effected it by means of false representations or fraud of any other description, although without authority from the plaintiff to do so, and although the plaintiff was entirely ignorant that he had done so, the legal status of the plaintiff is precisely the same as it would have been…
2Cases cited2 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
3Cited by33 opinions
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- McClung v. WattCalifornia Supreme Court · 1922
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Wolfe v. PughIndiana Supreme Court · 1885
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