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GREEN SPRING FARMS v. KERSTEN

No. 84-1214.

128 Wis.2d 221 (1985)

381 N.W.2d 582

GREEN SPRING FARMS, a partnership, Daniel J. Hartung, and John C. Rasmussen, Plaintiffs-Appellants, v. E. Campion KERSTEN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 12, 1985.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Roy N. Fine and Molbreak Law Office of Madison.

For the defendant-respondent the cause was submitted on the brief of John M. Moore and Jan A. Smokowicz and Bell, Metzner Gierhart, S.C., of Madison.

Before Gartzke, P.J., Dykman, J., and Eich, J.

GARTZKE, P.J.

David Hartung and John Rasmussen, d/b/a Green Spring Farms, appeal from a summary judgment dismissing their complaint against Attorney E. Campion Kersten. The issue is whether the seller's attorney in a real estate transaction may be strictly liable to the buyer for misrepresenting that a previous contract to sell the property had been terminated, when the attorney has an economic interest in and stands to make a financial gain from the transaction....

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