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RICE v. REICH

No. 284.

51 Wis.2d 205 (1971)

186 N.W.2d 269

RICE and wife, Appellants, v. REICH, d/b/a REICH REALTY COMPANY and others, Respondents.

Supreme Court of Wisconsin.

Decided May 4, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by William J. Keating of Milwaukee.

For the respondents there was a brief by Herro, Snyder, Chapman & Snyder and Charles J. Herro, all of Oconomowoc, and oral argument by Charles J. Herro.

WILKIE, J.

The only issue presented on this appeal is whether, if the purchasers had knowledge of the joint-driveway easement at the time they executed the offer to purchase, they are precluded from raising any objection to the encumbrance and barred from recovering their $1,000 earnest-money payment. We conclude that they are. The case is controlled by Taxman v. McMahan.1 In Taxman this court stated:

"Wisconsin early...

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