Legal Opinion

Middleton v. Jerdee

Wisconsin Supreme Court

Decided December 4, 1888PublishedCited by 7 opinions

APPEAL from the Circuit Court for Rode, County. The case is sufficiently stated in the opinion. The defendants appeal from a judgment in favor of the plaintiffs. To the point that a positive statement of fact, made without knowing it to be true, is fraudulent, they cited, besides cases cited in the opinion: Hay craft v. Creasy, 2 East, 103; Pawson v. Watson, Cowp.

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APPEAL from the Circuit Court for Rode, County. The case is sufficiently stated in the opinion. The defendants appeal from a judgment in favor of the plaintiffs. To the point that a positive statement of fact, made without knowing it to be true, is fraudulent, they cited, besides cases cited in the opinion: Hay craft v. Creasy, 2 East, 103; Pawson v. Watson, Cowp. YS8; Evans v. Edmonds, 13 C. B. 186; Grim v. Byrd, 32 Gratt. 293; Goodwin v. Robinson, 30 Ark. 535; Taylor v. Ashton, 11 Mees. & W. 401; Case v. Ayers, 65 Ill. 142; Woodruff v. Garner, 27 Ind. 4; Frenzel v. Hiller, 37 id. 2; Hammons…

1Opinion of the CourtTayloe, J.

This action was brought by the respondents to recover damages of the appellants for alleged false and fraudulent representations made by the appellant Hons P. Jerdee, who acted as agent of Ole P. Jerdee, in leasing to the respondents a farm belonging to said Ole P. Jerdee. The evidence shows that the lease was made by the respondents in January, at a time when the farm was covered with a foot and more of snow; that the plaintiffs had no knowledge of the real character of the farm previous to the time of making the lease; and that, although they went upon the farm on the day the lease was made…

2Cases cited7 opinions

  1. McClellan v. ScottWisconsin Supreme Court · 1869
  2. Miner v. MedburyWisconsin Supreme Court · 1858
  3. Davis v. NuzumWisconsin Supreme Court · 1888
  4. Bird v. KleinerWisconsin Supreme Court · 1876
  5. Cotzhausen v. SimonWisconsin Supreme Court · 1879

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Gunther v. UllrichWisconsin Supreme Court · 1892
  2. Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891
  3. Dillon v. StateWisconsin Supreme Court · 1909
  4. Ohrmundt v. SpiegelhoffWisconsin Supreme Court · 1921
  5. New Home Sewing Machine Co. v. SimonWisconsin Supreme Court · 1900

2 more not listed; retrieve them via the Exa API.

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