MCDONALD v. CENTURY 21 REAL ESTATE

No. 84-1717.

132 Wis.2d 1 (1986)

390 N.W.2d 68

Mac R. McDONALD and Patricia McDonald, Plaintiffs-Appellants and Cross-Respondents, v. CENTURY 21 REAL ESTATE CORPORATION, a wholly owned subsidiary of Trans World Corp., and Century 21 Real Estate of the Midwest, Inc., Defendants-Respondents and Cross-Appellants, CENTURY 21 BLACKMON REALTY, INC., Richard Blackmon and Interlease Group, Inc., f/k/a Agrico Lease, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 1, 1986.


Attorney(s) appearing for the Case

For the plaintiffs-appellants and cross-respondents there were briefs by Habush, Habush & Davis, S.C., of Madison, and oral argument by Daniel A. Rottier.

For the respondents Century 21 Blackmon Realty, Inc., and Richard Blackmon, there was a brief by James C. Bohl and Quale, Hartmann, Bohl & Evenson of Baraboo, and oral argument by James C. Boyl.

For the defendants-respondents and cross-appellants there were briefs by W. John Pritchard of Milwaukee, and oral argument by W. John Pritchard.

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


DYKMAN, J.

Mac and Patricia McDonald appeal from a judgment on a verdict finding that Century 21 Real Estate Corporation, Century 21 Real Estate of the Midwest, Inc., Century 21 Blackmon Realty, Inc., and real estate agents Richard Blackmon and Jane Franzen negligently performed a listing contract with the McDonalds. The issues are: (1) whether the jury instruction on damages recoverable in tort was erroneous; and (2) whether...

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