Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sheboy-gan county: Michael KibwaN, Circuit Judge. Action for equitable relief, establishing title to certain real estate in plaintiff and remedying the wrong complained of.
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Appeal from a judgment of tbe circuit court for Sheboy-gan county: Michael KibwaN, Circuit Judge. Action for equitable relief, establishing title to certain real estate in plaintiff and remedying the wrong complained of. The issues raised and the nature of the evidence are shown by the following abridgment of the findings: April 17, 1911, negotiations were begun between Gar-vens, — secretary, treasurer, and principal stockholder of the defendant Gravel Company, — and the president and vice-president of the plaintiff, as to a sale by such company of its real estate and property to plaintiff;…
1Opinion of the CourtMarshall., J.
Tbe appeal presents this for solution: If an agent induces another to contract for the purchase of the principal’s land by fraudulently pointing out its boundaries so as to include land of his own, and such other is let into possession accordingly and, later, such agent hands such other a deed and abstract, careful examination of which would disclose the facts, but it is reasonably delayed, the purchase money being as matter of accommodation paid in advance thereof, and such other within a reasonable time discovers such facts, insists upon having the omitted part and is not barred of right…
2Cases cited19 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Franey v. WarnerWisconsin Supreme Court · 1897
- Gates v. PaulWisconsin Supreme Court · 1903
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Ivy v. HoodSupreme Court of Alabama · 1918
- Bratt v. PetersonWisconsin Supreme Court · 1966
- McLennan v. ChurchWisconsin Supreme Court · 1916
- Wolfe v. Wallingford Bank & Trust Co.Supreme Court of Connecticut · 1938
20 more not listed; retrieve them via the Exa API.