Bergeron v. Miles

Wisconsin Supreme Court

Bergeron v. Miles

60 N.W. 783, 88 Wis. 397, 1894 Wisc. LEXIS 77

CourtWisconsin Supreme Court

DecidedOctober 23, 1894

StatusPublished

Cited by22 cases

This text of 60 N.W. 783 (Bergeron v. Miles) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bergeron v. Miles, 60 N.W. 783, 88 Wis. 397, 1894 Wisc. LEXIS 77 (Wis. 1894).

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Opinion

NewMAN, J.

On the question whether the relation of the parties was such that the deceit practiced upon the plaintiff by the defendant will support the action the case very much resembles Grant v. Hardy, 33 Wis. 668. To make the deceit actionable, it is not necessary that the relation of the parties to each other shall be that of partners or tenants in common. Other relations wffiich require and inspire trust and confidence to be reposed by the party deceived in the other may be sufficient to bring the case within the rule, as stated in Grant v. Hardy on page 674. If the defendant was under no obligation to the plaintiff to tell him all he knew about the land, he was at least under obligation not to deceive .him by false statements wfith reference to it or the price at which it was to be bought by them. This he did, and so obtained from him much more than plaintiff’s share of the price.

It is not denied that the defendant purposely deceived the plaintiff as to the purchase price of the land. Plaintiff supposed that the price to be paid was $8,000. It was, in truth, only $3,000. As it was represented to plaintiff, his share of the price was $4,000. In truth, his share of the [399]*399price was only $1,500. ITe gave to the defendant, on his representation, $2,500 more than his share of the price and more than he would have given' if the defendant had not deceived him. Yet it is argued that this deceit is not actionable, because, it is said, the plaintiff was not damaged by it. This contention is based upon the assumed fact that the bargain was a good one at the price of $8,000. It must be evident that it would have been'a better bargain at the price of $3,000. The plaintiff was entitled to his share of the full profit of the bargain: He was entitled to all the profit there was in the bargain by paying only his share of the price. Whatever he has paid more than his share of the price, by so much is the value of his bargain diminished. This is damage. It is damage of which the deceit is the cause. The plaintiff paid $2,500 more than his share of the price. The judgment of the circuit court is right, and is affirmed.

By the Court.— Judgment affirmed.

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NewMAN, J.

On the question whether the relation of the parties was such that the deceit practiced upon the plaintiff by the defendant will support the action the case very much resembles Grant v. Hardy, 33 Wis. 668. To make the deceit actionable, it is not necessary that the relation of the parties to each other shall be that of partners or tenants in common. Other relations wffiich require and inspire trust and confidence to be reposed by the party deceived in the other may be sufficient to bring the case within the rule, as stated in Grant v. Hardy on page 674. If the defendant was under no obligation to the plaintiff to tell him all he knew about the land, he was at least under obligation not to deceive .him by false statements wfith reference to it or the price at which it was to be bought by them. This he did, and so obtained from him much more than plaintiff’s share of the price.

It is not denied that the defendant purposely deceived the plaintiff as to the purchase price of the land. Plaintiff supposed that the price to be paid was $8,000. It was, in truth, only $3,000. As it was represented to plaintiff, his share of the price was $4,000. In truth, his share of the [399]*399price was only $1,500. ITe gave to the defendant, on his representation, $2,500 more than his share of the price and more than he would have given' if the defendant had not deceived him. Yet it is argued that this deceit is not actionable, because, it is said, the plaintiff was not damaged by it. This contention is based upon the assumed fact that the bargain was a good one at the price of $8,000. It must be evident that it would have been'a better bargain at the price of $3,000. The plaintiff was entitled to his share of the full profit of the bargain: He was entitled to all the profit there was in the bargain by paying only his share of the price. Whatever he has paid more than his share of the price, by so much is the value of his bargain diminished. This is damage. It is damage of which the deceit is the cause. The plaintiff paid $2,500 more than his share of the price. The judgment of the circuit court is right, and is affirmed.

By the Court.— Judgment affirmed.

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60 N.W. 783, 88 Wis. 397, 1894 Wisc. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergeron-v-miles-wis-1894.

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