HEAD & SEEMANN, INC. v. GREGG

No. 80-1572.

104 Wis.2d 156 (1981)

311 N.W.2d 667

HEAD & SEEMANN, INC., a Wisconsin corporation, Plaintiff-Appellant, v. Bettye J. GREGG, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 2, 1981.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Timothy J. Aiken and Mark A. Swartz of Samster, Aiken, Peckerman, Swartz & Mawicke, S.C. of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of George W. Love of Love, Brown, Love, Phillips & Davis of Waukesha.

Before Decker, C.J., Voss, P.J., and Scott, J.


VOSS, P.J.

Bettye Gregg fraudulently induced Head & Seemann, Inc. to sell her a home in Brookfield. She occupied the home for five months but was subsequently ejected by a court order. In the action on the claim from which this appeal comes, Head & Seemann sought damages for the five months' lost use of the property. At issue was whether a defrauded party who obtains rescission and restitution of real estate may also recover rental value and out-of-pocket...

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