Swoboda v. Rubin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county; E. T. Fairchild, Circuit Judge. This is an action for damages growing out of false representations alleged to have been made by the defendants to the plaintiff, which induced him to invest $8,300 in the Racine Underwear Mills.
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Appeal from a judgment of the circuit court for Milwaukee county; E. T. Fairchild, Circuit Judge. This is an action for damages growing out of false representations alleged to have been made by the defendants to the plaintiff, which induced him to invest $8,300 in the Racine Underwear Mills. The plaintiff was bom in Austria, came to this country about thirty-two years ago, and for the last twenty-five years has been in the restaurant, saloon, and hotel business, principally in the city of Milwaukee, in which business he accumulated some money. The Racine Underwear Mills Company was a…
1Opinion of the Court
The following opinion was filed March 4, 1919:
Owen, J.
In the case of Karls v. Drake, 168 Wis. 372, 170 N. W. 248, recently decided by this court, following Miranovitz v. Gee, 163 Wis. 246, 157 N. W. 790, it was held that, in the absence of an express intent to defraud, the determination of whether or not, certain representations are statements of facts or of opinion depends upon whether or not the person to .whom the representations are made may, under all the facts and circumstances of the case, including such person’s capacity or want of capacity, rely upon them. Where the person to whom…
2Cases cited3 opinions
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Karls v. DrakeWisconsin Supreme Court · 1919
3Cited by11 opinions
- Madison Trust Co. v. HellecksonWisconsin Supreme Court · 1934
- Heal v. StollWisconsin Supreme Court · 1922
- De Swarte v. First National BankWisconsin Supreme Court · 1926
- Graff v. TinkhamWisconsin Supreme Court · 1930
- Horton v. ReynoldsCourt of Appeals for the Eighth Circuit · 1933
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