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OMERNIK v. BUSHMAN

No. 88-1332.

151 Wis.2d 299 (1989)

444 N.W.2d 409

Lawrence OMERNIK and Bonita Omernik, Plaintiffs-Appellants, v. Bob BUSHMAN, Re-Max Professionals, Inc., and Citizens Marine National Bank, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 8, 1989.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Jared Redfield, of Stevens Point.

For the defendants-respondents the cause was submitted on the brief of E. John Buzza and David A. Ray, and Terwilliger, Wakeen, Piehler & Conway, S.C., of Stevens Point.

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

GARTZKE, P.J.

Lawrence and Bonita Omernik appeal from a summary judgment dismissing their complaint against Citizens Marine National Bank. The ultimate question is one of law: whether the owner who sells a building "as is" and makes no express or implied warranty of fitness is liable to the buyer for structural defects in the building of which neither the seller nor the buyer had knowledge. We conclude that the owner is not liable, and for that reason we affirm.<...

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