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POST v. SCHWALL

No. 89-2354.

157 Wis.2d 652 (1990)

460 N.W.2d 794

Arthur POST, Anna Post and Andrew Thiede, Plaintiffs-Appellants, v. Richard SCHWALL and Norma Schwall, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 8, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants the cause was submitted on the brief of Leonard W. Schulz of Big Bend.

On behalf of the defendants-respondents the cause was submitted on the brief of Paul E. Kremer of Seymour, Kremer, Nommensen & Morrissy of Elkhorn.

Before Nettesheim, P.J., Scott, J, and Circuit Judge Daniel P. Anderson, acting.

NETTESHEIM, P.J.

Arthur Post, Anna Post and Andrew Thiede (the Posts) appeal from a summary judgment dismissing their claims against Richard and Norma Schwall for breach of contract and fraud. The issues on review are (1) whether the Posts stated a cause of action for fraud; and (2) whether res judicata bars the Posts' contract claim. We conclude that the Posts have failed to state a claim for relief in fraud and...

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