(Download) "Kimball Et Ux. v. Antigo Bldg. Supply Co." by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: Kimball Et Ux. v. Antigo Bldg. Supply Co.
- Author : Supreme Court of Wisconsin
- Release Date : January 03, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Action to recover damages resulting from the sale on August 5, 1947, by the defendant to the plaintiffs of a prefabricated
house. The original complaint set up a cause of action for a breach of warranty. At the opening of the trial, without objection,
the plaintiffs were permitted to amend their complaint so as to allege a cause of action for fraud, and the case was tried
and submitted to the jury upon that theory. The jury found that the elements of fraud were present and that plaintiffs were
damaged in the sum of $3,000. Upon motions after verdict the court found that the damages 'are excessive and that the least amount that the jury could
have found on the evidence herein, legally admissible, based upon the testimony that the jury must have relied upon, would
be the sum of $1700', and ordered a new trial unless the plaintiffs within ten days from the date of the order file with the
clerk a written election to take judgment in the sum of $1,700. Plaintiffs refused to make the election and appeal.