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SMITH v. OSBORN

No. 260.

66 Wis.2d 264 (1974)

223 N.W.2d 913

SMITH and wife, Appellants, v. OSBORN and another, copartners, d/b/a ROCK VALE, Respondents.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of T. P. Bidwell and Bidwell & Jones, all of Janesville; and for the respondents on the brief of Gerald W. Jaeckle and Grutzner, Jaeckle & Byron, S. C., all of Beloit.

Submitted under sec. (Rule) 251.54 December 2, 1974.

CONNOR T. HANSEN, J.

The land in question was part of a farm located in Rock township, Rock county, Wisconsin, purchased in 1961, by the appellants from the Edward Cunninghams. The land had been represented by the Cunninghams to contain 97 acres. The Smiths sold two small parcels, leaving 90 of the original 97 acres in their possession.

Osborn, one of the...

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