Harweger v. Wilcox

Defendants-respondents were the owners of a farm located in Dane county. About February 16, 1959, they listed the farm for sale with H. E. Gilbert, a real-estate broker, and signed a listing contract with Mr. Gilbert, which contract described the farm as:

“Acres tillable — 80 up & 35 marsh, . . . Acres timber 3 Oak Grove, balance of acreage — marsh and pasture.”

Mr. Gilbert prepared a brochure, advertising the farm and a part of the brochure stated:

“The farm itself consists of 138 acres. There is 80 acres of good upland soil — brown silt, technically called Miami; there is about 35 acres of…