Legal Opinion

Welch v. Dunning

Wisconsin Supreme Court

Decided June 13, 1916PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. Action to recover damages for fraud in the sale of cattle. About March 2, 1914, plaintiff, a resident of Grafton, North Dakota, purchased fifty-six head of cattle of the defendant, a resident of Hebron, Illinois.

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Appeal from a judgment of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. Action to recover damages for fraud in the sale of cattle. About March 2, 1914, plaintiff, a resident of Grafton, North Dakota, purchased fifty-six head of cattle of the defendant, a resident of Hebron, Illinois. Plaintiff’s claims are, in substance, that defendant represented the cattle to be healthy and that he would furnish plaintiff with a certificate of examination by veterinarians authorized by the state of Wisconsin to administer the tuberculosis test showing that the cattle purchased had been…

1Opinion of the CourtVinje, J.

Defendant makes a strong argument claiming that the findings of the jury to the effect that he knowingly made false representations as to the health of the cattle and their having been tested according to the Wisconsin law are not sustained by the evidence. We have carefully examined the same and have reached the conclusion that they find support in the evidence. The representation that they were healthy is found upon conflicting evidence, the plaintiff testifying that such representation was made and the defendant denying it. Evidently the jury believed the plaintiff. There is no dispute but…

2Cases cited2 opinions

  1. White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
  2. Halwas v. American Granite Co.Wisconsin Supreme Court · 1909

3Cited by4 opinions

  1. Grana v. SummerfordWisconsin Supreme Court · 1961
  2. Industrial Co-operative Union v. LewisWisconsin Supreme Court · 1921
  3. Milwaukee Cheese Co. v. OlafssonWisconsin Supreme Court · 1968
  4. Westenberg v. BhendWisconsin Supreme Court · 1921

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