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STADLER v. ROHM

Nos. 2, 3.

40 Wis.2d 328 (1968)

161 N.W.2d 906

STADLER and wife, Respondents, v. ROHM, Appellant. ROHM, Appellant, v. STADLER and wife, Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Bosshard & Sundet and Arneson, Berg & Doyle and Patrick R. Doyle, all of La Crosse, and oral argument by John Bosshard and Patrick R. Doyle.

For the respondents there was a brief by Johns, Pappas, Flaherty & Harman and Donald J. Harman, all of La Crosse, and oral argument by Donald J. Harman.

WILKIE, J.

One issue is dispositive of this appeal: Did respondents, by their actions, affirm the contract between the parties, thus precluding their right to the equitable remedy of rescission? The appellant concedes that the evidence supports the trial court's findings that three misrepresentations were made as inducements to the plaintiffs-respondents' entering into the contract for the purchase of the Guest House Motel...

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