Legal Opinion

Davis v. Nuzum

Wisconsin Supreme Court

Decided November 8, 1888PublishedCited by 20 opinions

APPEAL from the Circuit Court for Vernon County. Action to recover damages for a false representation made by the defendant. The facts will sufficiently appear from the opinions. The plaintiff appeals from a judgment in favor of the defendant.

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APPEAL from the Circuit Court for Vernon County. Action to recover damages for a false representation made by the defendant. The facts will sufficiently appear from the opinions. The plaintiff appeals from a judgment in favor of the defendant. For the appellant it was argued, among other things, that an action will lie for innocent misrepresentation of a material fact, and the fact that the defendant made the representation without knowing whether it was true or false is wholly immaterial. 1 Story’s Eq. Jur. sec. 193; Willard’s Eq. 149, 150; 3 Wait’s Act. & Def. 436; Bennett v. Judson, 21 N.…

1Opinion of the CourtOrton, J.

The only facts which need be- stated are such as appeared by the testimony on behalf of the plaintiff, and they are briefly as follows: The defendant purchased of one Joshua Selby the north half of a quarter section of land according to government survey, and agreed to pay therefor $1,200 in different payments thereafter (but the whole of which might be paid at any time before due), and on such payment he was to receive a deed, and he-immediately went into possession. Afterwards the plaintiff called upon the defendant with a view of purchasing the said land, and asked him where the lines of…

2Cases cited7 opinions

  1. Bennett v. . JudsonNew York Court of Appeals · 1860
  2. Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
  3. Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
  4. Bird v. KleinerWisconsin Supreme Court · 1876
  5. Cotzhausen v. SimonWisconsin Supreme Court · 1879

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Whipp v. IversonWisconsin Supreme Court · 1969
  2. Piper v. JenkinsCourt of Appeals of Maryland · 1955
  3. Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
  4. Chesapeake Homes, Inc. v. McGrathCourt of Appeals of Maryland · 1968
  5. Gunther v. UllrichWisconsin Supreme Court · 1892

15 more not listed; retrieve them via the Exa API.

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