Klitzke v. Davis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. This was an action brought for breach of promise of marriage. In aggravation of damages it was alleged that by reason of the promise defendant had seduced the plaintiff. The answer denied the contract.
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Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. This was an action brought for breach of promise of marriage. In aggravation of damages it was alleged that by reason of the promise defendant had seduced the plaintiff. The answer denied the contract. On a directed verdict on the ground that the only question for the jury was that of damages, the jury found for the plaintiff in the súm of $5,000 compensatory damages and $1,500 punitory damages. The proof' showed that the plaintiff at the time of the alleged contract was aged twenty-seven years and the…
1Opinion of the CourtJones, J.
In this action the complaint alleged the marriage contract, the plaintiff’s willingness to perform it, that she was debauched by reasón of the contract, and that the defendant refused to carry out his promise.
The answer denied that the agreement was made, and alleged that at the date of the alleged contract defendant was much younger than she and that by reason of greater age and experience the plaintiff had debauched him.
From the cross-examination of the plaintiff we infer that the defense chiefly relied on was that the promise to marry was in consideration of sexual intercourse and…
2Cases cited1 opinion
- Falkner v. SchultzWisconsin Supreme Court · 1915
3Cited by2 opinions
- Brown v. ThomasCourt of Appeals of Wisconsin · 1985
- Wallin v. SutherlandWisconsin Supreme Court · 1948