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GREENLEE v. RAINBOW AUCTION/REALTY CO., INC.

No. 97-1483.

218 Wis.2d 745 (1998)

582 N.W.2d 93

Wayne A. GREENLEE, Plaintiff, v. RAINBOW AUCTION/REALTY CO., INC., Defendant-Appellant, FARMERS & MERCHANTS BANK, Defendant-Third-Party Plaintiff-Respondent, v. Jon SCHUSTER, Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 23, 1998.

Attorney(s) appearing for the Case

On behalf of the third-party defendant-appellant, the cause was submitted on the briefs of William P. Skemp of William Skemp Law Firm, S.C. of La Crosse.

On behalf of the defendant-third-party plaintiff-respondent, the cause was submitted on the brief of William T. Curran of Curran, Hollenbeck & Orton, S.C. of Mauston.

Before Vergeront, Roggensack and Nichol, JJ.

ROGGENSACK, J.

Jon Schuster, a real estate broker, and Rainbow Auction/Realty Co., Inc., his agency, appeal summary judgment which denied their claim for fees, but held them liable for the defense costs incurred by Farmers & Merchants Bank, their client, in defending an action for a commission claimed to be due under a contract drafted by Schuster. They also appeal the award of prejudgment interest to the Bank on a portion of a commission which Rainbow eventually...

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