Gauerke v. Rozga

A jury found the defendants-appellants, Robert Frost Realty, Inc., and Gudim Realty, Inc., liable on a theory of strict responsibility for the misrepresentations of Frost’s agent, Marvin Schulz, regarding the acreage and the amount of road and river frontage of resort property purchased by Kenwood and Elisabeth Gauerke. Robert Frost Realty, Inc., its insurer, and Schulz appealed from the judgment awarding damages to the Gauerkes. On appeal, Frost asserted that the trial court erred in (1) giving a strict responsibility instruction on a broker’s liability, (2) refusing to add “without an…