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VANDEHEY v. CITY OF APPLETON

No. 88-0581.

146 Wis.2d 411 (1988)

431 N.W.2d 679

Robert L. VANDEHEY, Plaintiff-Appellant, v. CITY OF APPLETON, Defendant-Third Party Plaintiff-Respondent, BECHARD INVESTMENTS, INC., Third Party Defendant.

Court of Appeals of Wisconsin.

Decided September 1, 1988.

Attorney(s) appearing for the Case

For plaintiff-appellant, there was a brief submitted by Richard C. Rowland of Bollenbeck, Block, Seymour, Rowland & Samson, S.C. of Appleton.

For defendant-third party plaintiff-respondent, there was a brief by Greg J. Carman, City Attorney of Appleton.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Robert L. Vandehey appeals a summary judgment denying him damages in a misrepresentation action. The issue is whether an alternative measure of damages, under the benefit of the bargain rule, may be recovered where the seller is found to be strictly responsible for misrepresentation. We hold that a purchaser may be entitled to the reasonable cost of placing the property in the condition it was represented to...

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