Riedi v. Heinzl

If the complaint only states grounds for rescission or to set aside the conveyance for fraud, the judgment of dismissal was properly entered, because the right to rescind a contract on the ground of fraudulent representations could be exercised only by the one (Mathias Riedi, Sr.) upon whom the fraud was perpetrated. Upon his death, without such rescission, all power to rescind dies with him. However, a cause of action for deceit in inducing a conveyance survives the defrauded party’s death as “damages done to property rights,” within sec. 331.01, Stats.; but under sec. 287.01 it survives to…