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SCHMIDT v. MUELLER

No. 222.

53 Wis.2d 311 (1972)

193 N.W.2d 161

SCHMIDT and another, Appellants, v. MUELLER, Respondent.

Supreme Court of Wisconsin.

Decided January 4, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Potter, Wefel & Nettesheim of Wisconsin Rapids, and oral argument by John M. Potter.

For the respondent there was a brief by Schmidt & Thibodeau of Wisconsin Rapids, and oral argument by Leon S. Schmidt.

BEILFUSS, J.

The plaintiffs-appellants contend that there is no credible evidence to sustain the jury's finding of a misrepresentation of fact and that the counterclaim should be dismissed upon that ground. They further contend that the court erred in entering judgment based upon a damage award to the defendant in excess of the ad damnum clause of the counterclaim and contrary to the evidence as to the amount of prepaid...

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