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WILLIAMS v. RANK & SON BUICK, INC.

No. 147.

44 Wis.2d 239 (1969)

170 N.W.2d 807

WILLIAMS, Respondent, v. RANK & SON BUICK, INC., Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ralph K. Rosenbaum, Jr., of Milwaukee.

For the respondent there was a brief by Thomas M. Jacobson, and oral argument by Mr. Jacobson and Mr. David A. Melnick, both of Milwaukee.

HANLEY, J.

The two questions raised on this appeal are:

(1) Is the trial court's finding of fraud against the great weight and clear preponderance of the evidence; and

(2) Is respondent entitled to attorney fees in excess of the amount allowed by sec. 251.23 (1) and sec. (Rule) 251.84, Stats.?

Finding of Fraud.

This court has consistently held that the party alleging fraud has the burden of proving it by clear and convincing...

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