182 Wis. 346 | Wis. | 1924
The following opinion was filed November 13, 1923:
The claims made by the defendant that parol evidence was inadmissible to prove the alleged fraudulent representations and that there was no competent testimony to prove that the truck purchased was built in 1913 are untenable and we shall spend no time in discussing them.
It is also claimed that the verdict is defective because it
It is in evidence that plaintiffs paid about $2,300 for the truck. Plaintiffs’ evidence also showed that trucks depreciated approximately from twenty-five to thirty per cent, the first year and about ten per cent, per year thereafter. The jury found the market value of a 1917 truck to be $2,200, about $100 less than plaintiffs paid for the truck, and the court evidently allowed as damages ten per cent, per year, or forty per cent, in all, for the depreciation during the four years between 1913 and 1917. The evidence sustains such assessment. True, defendant’s testimony is in conflict with it, but the court was not bound to believe its testimony to the effect that there would be no difference in the market value of two trucks in the same mechanical condition, one built in 1913 and the other in 1917. Since it is impossible to have the same truck built in 1913 and in 1917
By the Court. — Judgment affirmed.
A motion for a rehearing was denied, with $25 costs, on January 15, 1924.