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BAUMGARTEN v. BUBOLZ

No. 81-253.

104 Wis.2d 210 (1981)

311 N.W.2d 230

Edward A. BAUMGARTEN and Home Savings & Loan Association, Plaintiffs, v. G. Allen BUBOLZ, Clarence DeLeeuw, Robert P. Hoeppner, Milan E. Stary, and Bob Carew Insurance, Inc., Defendants, Thomas H. LONSWAY, a/k/a Thomas J. Lonsway, a/k/a Thomas Lonsway, Defendant-Third-Party Plaintiff-Respondent, J & J REC. CORP., a/k/a J & J Records Corp., Defendant-Appellant, Bud MEWS, Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 22, 1981.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Bruce Chudacoff of Appleton.

For the respondent the cause was submitted on the brief of Richard A. Stack, Jr. and Sigman, Shiff, Janssen, Stack & Wenning of Appleton.

Before Foley, P.J., Dean, J., and Dykman, J.

FOLEY, P.J.

J & J Rec. Corp. and Bud Mews appeal from a judgment holding them jointly and severally liable to indemnify Thomas Lonsway for claims arising out of J & J's default on a land contract. The issues are:

(1) Is Mews's guaranty of J & J's debt void because Lonsway misrepresented the amount due on the land contract and, if not, is Mews's liability limited to the amount Lonsway represented to...

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