Tuchalski v. Moczynski
Court of Appeals of Wisconsin
1Opinion of the CourtLaROCQUE, J.
LeRoy and Bonnie Moczynski, defendants in a land contract foreclosure action, appeal a summary judgment dismissing their third-party complaint against several real estate brokers and the brokers' insurer (collectively Statewide). The circuit court ruled that the Moczynskis' third-party claim was for rescis sion and restoration, a remedy available only against the sellers, and dismissed the claim. Because the record reveals that the Moczynskis' third-party claim was for the tort of misrepresentation and not rescission, we reverse for further proceedings consistent with this opinion.
Statewide's…
2Cases cited5 opinions
- Selman v. ShirleyOregon Supreme Court · 1938
- Bank of Commerce v. PAINE, WEBBER, J. & C.Wisconsin Supreme Court · 1968
- Head & Seemann, Inc. v. GreggCourt of Appeals of Wisconsin · 1981
- Ryde v. Dane County Department of Social ServicesWisconsin Supreme Court · 1977
- Meas v. YoungCourt of Appeals of Wisconsin · 1987
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- Schimpf v. Gerald, Inc.District Court, E.D. Wisconsin · 1999
- Prent Corp. v. Martek Holdings, Inc.Court of Appeals of Wisconsin · 2000
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