Legal Opinion

Post v. Schwall

Court of Appeals of Wisconsin

Decided August 8, 1990No. 89-2354PublishedCited by 16 opinions

1Opinion of the CourtNettesheim, P. J.

Arthur Post, Anna Post and Andrew Thiede (the Posts) appeal from a summary judgment dismissing their claims against Richard and Norma Schwall for breach of contract and fraud. The issues on review are (1) whether the Posts stated a cause of action for fraud; and (2) whether res judicata bars the Posts' contract claim. We conclude that the Posts have failed to state a claim for relief in fraud and that their contract action is barred by the judgment in a prior foreclosure action involving the same parties. Therefore, we affirm the judgment.

The material facts are undisputed. The Schwalls…

2Cases cited9 opinions

  1. Reiman Associates, Inc. v. R/A Advertising, Inc.Court of Appeals of Wisconsin · 1981
  2. Shuput v. LauerWisconsin Supreme Court · 1982
  3. State v. ShafferCourt of Appeals of Wisconsin · 1980
  4. Kallenbach v. Lake Publications, Inc.Wisconsin Supreme Court · 1966
  5. Landess v. SchmidtCourt of Appeals of Wisconsin · 1983

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Firstar Trust Co. v. First National Bank of KenoshaWisconsin Supreme Court · 1995
  2. Cascade Mountain, Inc. v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 1997
  3. Law Offices of Pangman & Associates v. StiglerCourt of Appeals of Wisconsin · 1991
  4. Universal Die & Stampings, Inc. v. JustusCourt of Appeals of Wisconsin · 1993
  5. Disrud v. ArnoldCourt of Appeals of Wisconsin · 1992

11 more not listed; retrieve them via the Exa API.

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