Eberhardt v. Randall
Wisconsin Supreme Court
Appear from a judgment of the circuit court for Polk county: EraNk A. Ross, Circuit Judge.’ Action to foreclose mortgage. Counterclaim by defendants for damages for false representations. Plaintiff sold the farm in question to the defendants and they gave back a mortgage upon the premises for the unpaid part of the purchase price, which is the mortgage sought to be foreclosed here.
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Appear from a judgment of the circuit court for Polk county: EraNk A. Ross, Circuit Judge.’ Action to foreclose mortgage. Counterclaim by defendants for damages for false representations. Plaintiff sold the farm in question to the defendants and they gave back a mortgage upon the premises for the unpaid part of the purchase price, which is the mortgage sought to be foreclosed here. In their counterclaim the defendants alleged the following items of fraud: (1) That the plaintiff falsely represented to the defendants, at and prior to the time they purchased the farm, that the farm was entirely…
1Opinion of the CourtRoseNBErby, J.
The sole question presented on this appeal is whether or not the evidence sustains the fourth finding hereinbefore set forth. This case has been carefully presented and ably argued by counsel on both sides, they having in mind the rule that this court will not set aside the findings of the trial court unless against the great weight or clear preponderance of the evidence. Under that rule we do not approach the determination of the question submitted here as triers of fact in the sense that that term is ordinarily understood. Before we can disturb the finding of the trial court we must be…
2Cases cited1 opinion
- Carlson v. DixonWisconsin Supreme Court · 1913
3Cited by2 opinions
- Miley v. HeaneyWisconsin Supreme Court · 1918
- Olson v. LaunWisconsin Supreme Court · 1919