Legal Opinion

Tuchalski v. Moczynski

Court of Appeals of Wisconsin

Decided October 2, 1989No. 89-0054PublishedCited by 11 opinions

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

  1. Selman v. ShirleyOregon Supreme Court · 1938
  2. Bank of Commerce v. PAINE, WEBBER, J. & C.Wisconsin Supreme Court · 1968
  3. Head & Seemann, Inc. v. GreggCourt of Appeals of Wisconsin · 1981
  4. Ryde v. Dane County Department of Social ServicesWisconsin Supreme Court · 1977
  5. Meas v. YoungCourt of Appeals of Wisconsin · 1987

3Cited by11 opinions

  1. Olympia Hotels Corp. v. Johnson Wax Development Corp.Court of Appeals for the Seventh Circuit · 1990
  2. Ripple v. WoldSouth Dakota Supreme Court · 1996
  3. Stabler v. First State Bank of RoscoeSouth Dakota Supreme Court · 2015
  4. Schimpf v. Gerald, Inc.District Court, E.D. Wisconsin · 1999
  5. Prent Corp. v. Martek Holdings, Inc.Court of Appeals of Wisconsin · 2000

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