Westra v. Roberts
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dodge county: Mahtir L. Luece, Circuit Judge. Action to recover damages sustained in tbe purchase of a farm by reason of false and fraudulent representations claimed to bave been made by tbe defendants as to tbe quantity of plowable land contained therein. It appears from tbe testimony that tbe defendants bad an option on tbe farm in question, which contained 120 acres.
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Appeal from a judgment of tbe circuit court for Dodge county: Mahtir L. Luece, Circuit Judge. Action to recover damages sustained in tbe purchase of a farm by reason of false and fraudulent representations claimed to bave been made by tbe defendants as to tbe quantity of plowable land contained therein. It appears from tbe testimony that tbe defendants bad an option on tbe farm in question, which contained 120 acres. On tbe 29th day of March, 1911, tbe plaintiff, in company with tbe defendants and one Alderden, who acted as interpreter for the plaintiff, examined tbe farm’ for several hours,…
1Opinion of the CourtViNje, J.
Tbe defendants’ claim upon tbe merits is that, since plaintiff viewed tbe land and bad an opportunity to examine it and determine for himself bow many acres there were under tbe plow, representations made relative thereto by the defendants could not be made tbe basis of an action for damages, but would come within tbe rule that representations as to a fact easily ascertainable by tbe purchaser by tbe exercise of ordinary vigilance are not actionable. Tbe jury found against them upon tbe proposition that plaintiff could by tbe exercise of ordinary observation ascertain tbe number of acres of…
2Cases cited6 opinions
- Porter v. BeattieWisconsin Supreme Court · 1894
- Davis v. NuzumWisconsin Supreme Court · 1888
- Woteshek v. NeumanWisconsin Supreme Court · 1912
- Castenholz v. HellerWisconsin Supreme Court · 1892
- Tyner v. CotterWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Neas v. SiemensWisconsin Supreme Court · 1960
- Ohrmundt v. SpiegelhoffWisconsin Supreme Court · 1921
- Rackham v. KochWashington Supreme Court · 1923
- Olson v. LaunWisconsin Supreme Court · 1919
- Sterling Engineering & Construction Co. v. MillerWisconsin Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.