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GAUERKE v. ROZGA

No. 81-613.

112 Wis.2d 271 (1983)

332 N.W.2d 804

Kenwood GAUERKE and Elisabeth Gauerke, his wife, Plaintiffs-Respondents and Cross-Appellants-Petitioners, v. Robert W. ROZGA and Ann C. Rozga, his wife, Defendants and Second-Third Party Plaintiffs, UNITED STATES FIDELITY & GUARANTEE COMPANY, and Gudim Realty, Inc., Defendants, ROBERT FROST REALTY, INC., and St. Paul Fire & Marine Insurance Company, Defendants and Third-Party Plaintiffs-Appellants, Cross-Respondents and Cross-Petitioners, Marvin SCHULZ, Defendant and Third-Party Defendant-Appellant, Cross-Respondent and Cross-Petitioner, Joseph CAZ and Geraldine Caz, Second-Third Party Defendants.

Supreme Court of Wisconsin.

Decided April 26, 1983.

Attorney(s) appearing for the Case

For the plaintiffs-petitioners there was a brief (in court of appeals) and oral argument by Dennis Burgy, Eagle River.

For cross-respondents-cross-petitioners there was a brief (in court of appeals) by Thomas Terwilliger and Terwilliger, Wakeen, Piehler, Conway & Klingberg, Wausau, and oral argument by Thomas Terwilliger.

Affirming 106 Wis.2d 775, 319 N.W.2d 178 (Ct. App.).

LOUIS J. CECI, J.

A jury found the defendants-appellants, Robert Frost Realty, Inc., and Gudim Realty, Inc., liable on a theory of strict responsibility for the misrepresentations of Frost's agent, Marvin Schulz, regarding the acreage and the amount of road and river frontage of resort property purchased by Kenwood and Elisabeth Gauerke. Robert Frost Realty, Inc., its insurer, and Schulz appealed from the...

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