(Download) "Everett John Kamuchey v. Adam Trzesniewski" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: Everett John Kamuchey v. Adam Trzesniewski
- Author : Supreme Court of Wisconsin
- Release Date : January 06, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This is an appeal by the defendant, Adam Trzesniewski, from a judgment of the circuit court which affirmed a judgment and
order of the civil court of Milwaukee county. The plaintiff, Everett John Kamuchey, commenced a suit for damages alleging
that the defendant, for the purpose of deceiving and defrauding the plaintiff and inducing him to purchase the stock, fixtures,
lease and goodwill of a restaurant, concealed that it was necessary for the plaintiff to pay for the heat of the entire building
in which the restaurant was located. The complaint also alleged the plaintiff relied on the representations and was induced
to purchase from the defendant the said property. The answer denied the allegations but admitted the defendant and plaintiff
entered into a lease for the restaurant portion of the building on October 15, 1954, for 11 1/2 months at a total rent of
$1,265. It was also alleged that negotiations for the stock, goodwill and lease were entered into with Verna Biesik, tenant
of the defendant who was operating the restaurant. The case was tried to the civil court Branch No. 5. The trial Judge took the matter under advisement and later sent a postal
card notice to the attorneys that he had decided the case in favor of the plaintiff. The defendant's counsel wrote the trial
Judge inquiring as to the nature and basis for the finding and objected to the plaintiff's attorney preparing the findings
of fact and Conclusions of law. The trial Judge replied that he wrote no opinion and that the essential elements would be
found in the findings of fact and Conclusions of law. These findings and Conclusions were later prepared by plaintiff's counsel
and signed by the trial Judge without notice or prior submission to the defendant's counsel.