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HERCULES v. ROBEDEAUX, INC.

No. 81-2464.

110 Wis.2d 369 (1982)

329 N.W.2d 240

Donald L. HERCULES, a/k/a Donnell L. Hercules, Plaintiff-Appellant, v. ROBEDEAUX, INC., alias, Charles A. Birr, alias, and Thomas Hilsberg, alias, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 22, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Donald W. Zautcke of Zautcke & Lubner, S.C. of Cedarburg.

For the defendants-respondents the cause was submitted on the briefs of Jerry Zimmerman of Piette, Knoll & Nelson of Milwaukee; and Harold D. Block of Milwaukee.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

Donald Hercules appeals from a summary judgment granted in favor of Thomas Hilsberg and Robedeaux, Inc. We conclude his complaint states a claim for breach of Robedeaux's fiduciary duty to disclose all information actually known to it or imputed to it concerning the financial condition of the purchaser. We reverse the judgment with respect to Robedeaux. We affirm, however, the summary judgment as to Hilsberg,...

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