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FOGELBERG v. CASSATA

25 Wis.2d 67 (1964)

FOGELBERG and wife, Plaintiffs, v. CASSATA and wife, Defendants and Appellants: ARMSTRONG, d/b/a PREFERRED TITLE SERVICE COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

September 29, 1964.

Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of Philip L. Kapell of Madison, and for the respondent on the brief of John T. Harrington of Madison.

FAIRCHILD, J.

Appellants suggest that under the original contract for sale of real estate, Fogelbergs assumed responsibility for the sewer-main assessment. If that were true, it would seem that the ultimate result should have been that the Fogelbergs could not recover the amount of the assessment, which they did pay, from anyone, although they may properly have recovered from the abstractor additional expense caused by his error. This result would be inconsistent...

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