130 Wis. 406 | Wis. | 1907
"Whether tbe court correctly submitted tbe issues to tbe jury must be determined upon tbe state of tbe evidence. No question relating to instructions can be considered since tbe record presents no exception to tbe charge of tbe court.
Eespecting the defense that defendant acted upon the advice of counsel, circumstances already considered have a bearing. To rest upon this defense requires that the defendant sought such advice and followed it in good faith. To fulfil such requirements it must appear that he fully and fairly stated the material facts and his knowledge of the transaction to counsel, and that such advice led him to the-
The jury assessed plaintiff’s compensatory damages at $400. This sum cannot be held excessive under the facts. Billingsley v. Maas, 93 Wis. 176, 67 N. W. 49.
By the Gowrt. — Judgment affirmed.