(DOWNLOAD) "John Widemshek v. Henry F. Fale" by Supreme Court of Wisconsin * Book PDF Kindle ePub Free
eBook details
- Title: John Widemshek v. Henry F. Fale
- Author : Supreme Court of Wisconsin
- Release Date : January 02, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Plaintiff, a real estate salesman, residing in Sheboygan, Wisconsin, brings this action against defendant, a practicing attorney
in Sheboygan, for damages allegedly sustained by the latter's failure in his professional capacity to follow the former's
instructions to obtain a first mortgage on certain property and to furnish plaintiff with a title guaranty policy. Circuit
Judge Russell E. Hanson, without considering the issue of whether defendant in fact was negligent or fraudulent, held that
under the circumstances as a matter of law plaintiff could not have sustained any damages and therefore could not maintain
his cause of action. Also, for this reason, the circuit court dismissed plaintiff's second cause of action for punitive damages
and refused to grant him permission to file an amended complaint. Summary judgment was granted on defendant's motion and plaintiff
appeals. In December, 1955, plaintiff Widemshek engaged defendant Attorney Fale to represent him in the performance of all services
connected with a trade of properties owned by Maurice Steinert and Daisy Steinert, his wife. At that time plaintiff owned
certain property and equipment known as the Scenic Bar, and the Steinerts owned a certain apartment building. By the exchange
of properties plaintiff was to become the owner of the apartment property and the Steinerts were to become the owners of the
tavern property. This transaction was completed on or about January 3, 1956, and in addition to certain cash payments the
Steinerts executed and delivered to plaintiff a note secured by a $30,000 mortgage on the tavern formerly owned by plaintiff.
However, prior to this exchange a judgment of record in the office of the Clerk of Circuit Court for Sheboygan county was
docketed on September 6, 1955, for $2,909.85, in favor of J. Carl Hilpertshauser and against Maurice Steinert. Defendant failed
to bring this judgment lien to the attention of plaintiff, and this lien became a first lien on the tavern property. Later
plaintiff became aware of the judgment lien when he checked the circuit court docket himself.