POLLEY v. BOEHCK EQUIPMENT CO.


273 Wis. 432 (1956)

POLLEY, Respondent, vs. BOEHCK EQUIPMENT COMPANY, Appellant.

Supreme Court of Wisconsin.

October 9, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief by Quarles, Spence & Quarles, attorneys, and Edward H. Borgelt and Kurt H. Frauen of counsel, all of Milwaukee, and oral argument by Mr. Frauen.

For the respondent there was a brief by Meyer & Meyer of Marion, attorneys, and John J. Burke of Milwaukee of counsel, and oral argument by Mr. B. E. Meyer and Mr. Burke.


BROADFOOT, J.

The trial court found that the defendant represented to the plaintiff that the engine in question was a new unused engine. The jury determined that such representation was false and that the defendant knew that such representation was false.

The defendant first contends that there was insufficient evidence to support those answers. The defendant states that in actions of deceit based on fraud the plaintiff...

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