Schauer v. Bodenheimer
Wisconsin Supreme Court
Appeal from a judgment of - tbe. circuit court for Brown county: S. D. HastiNgs, Circuit Judge. This is an action in deceit brought to "recover the purchase price of a mare and colt sold by.defendant, appellant, to the plaintiff, respondent. The right of recovery is based upon alleged fraud in concealment of a material fact and false representation.- Before action brought the plaintiff returned or offered to return the property and demanded the purchase money.
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Appeal from a judgment of - tbe. circuit court for Brown county: S. D. HastiNgs, Circuit Judge. This is an action in deceit brought to "recover the purchase price of a mare and colt sold by.defendant, appellant, to the plaintiff, respondent. The right of recovery is based upon alleged fraud in concealment of a material fact and false representation.- Before action brought the plaintiff returned or offered to return the property and demanded the purchase money. The purchase was made June 27, 1910, and a written warranty given warranting that the mare had no heaves and was not wind-broken. The…
1Opinion of the CourtBjsRwiN, J.
As appears from the statement of facts the jury failed to agree upon the sixth question of the special verdict, as to whether the defendant, fbr the purpose of inducing the sale, falsely and deceitfully failed to. inform the plaintiff that the mare was afflicted with disease.- It also appears from, the record that defendant’s counsel requested that the following question be submitted to the jury: “Did the plaintiff rely upon such false and fraudulent statement and was he deceived thereby,” which request was denied.
Thus it appears that the issues raised byThe sixth question, unanswered, and…
2Cases cited18 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
- Puffer v. WelchWisconsin Supreme Court · 1911
- Charles Baumbach Co. v. HobkirkWisconsin Supreme Court · 1899
- Field v. SiegelWisconsin Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Elder v. SageWisconsin Supreme Court · 1950
- Commonwealth v. BertramSuperior Court of Pennsylvania · 1940
- Baker v. BeckerWisconsin Supreme Court · 1913
- Hind v. ThomasWisconsin Supreme Court · 1922