(Download) "Gaines v. Kelly" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Gaines v. Kelly
- Author : Supreme Court of Wisconsin
- Release Date : January 24, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
In this appeal from a no-evidence summary judgment, we must determine whether representations, allegedly made by a mortgage broker that a loan would be funded, may be attributed to a lender for purposes of a borrowers fraud claim against that lender. The court of appeals, with one justice dissenting, concluded that there was evidence that the mortgage broker had apparent authority to speak for the lender on this subject and, accordingly, reversed the trial courts summary judgment in the lenders favor. 181 S.W.3d 394. We, however, agree with the trial courts summary judgment because there is no evidence that the mortgage broker had apparent authority either to negotiate the terms of the loan or otherwise commit the lender. Accordingly, we reverse the court of appeals judgment and render judgment that the borrower take nothing.
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