Legal Opinion

Booker v. Pelkey

Wisconsin Supreme Court

Decided December 14, 1920PublishedCited by 5 opinions

Appeal from an order of the circuit court for Oconto county: W. B. Quinlan, Circuit Judge. In the opinion of the trial judge the following summary is-given of the allegations of the amended complaint setting forth the misrepresentations claimed which for the most part will suffice to present the questions raised by the demurrer: “1. That Robert Sharp was an heir to the property in question and was interested in the sale because of such heir-ship, and that the property had to…

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Appeal from an order of the circuit court for Oconto county: W. B. Quinlan, Circuit Judge. In the opinion of the trial judge the following summary is-given of the allegations of the amended complaint setting forth the misrepresentations claimed which for the most part will suffice to present the questions raised by the demurrer: “1. That Robert Sharp was an heir to the property in question and was interested in the sale because of such heir-ship, and that the property had to be sold. “2. That the farm had always been run properly. “3. That the farm was in good condition. “4. That the farm was…

1Opinion of the CourtJones, J.

Three of the defendants have not demurred to the complaint but have answered. It could not seriously be argued that as to them the complaint states no cause of action. It alleges a series of misrepresentations by them as to material facts whereby the plaintiff was misled and deceived as to the relations of one of the parties to the vendor, the condition of the premises and their productiveness, that the lowest asking price of the owner was $7,500, and that the plaintiff was thereby induced to pay $7,500 for land only worth $5,500.

Although it is not charged that the other two defendants made…

2Cases cited2 opinions

  1. Estes v. CrosbyWisconsin Supreme Court · 1920
  2. Hull v. DohenyWisconsin Supreme Court · 1915

3Cited by5 opinions

  1. Greig v. Interstate Investment Co.Oregon Supreme Court · 1927
  2. Rimling v. ScherperWisconsin Supreme Court · 1932
  3. Dunshee v. NovotnySupreme Court of Colorado · 1925
  4. Jordan v. KoerthWisconsin Supreme Court · 1933
  5. Samp v. LongSouth Dakota Supreme Court · 1926

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