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GALATOWITSCH v. WANAT

No. 00-0199.

239 Wis.2d 558 (2000)

2000 WI App 236

620 N.W.2d 618

Kristin GALATOWITSCH and Dennis Galatowitsch, Plaintiffs-Respondents, v. James WANAT and Barbara Wanat, Defendants-Appellants, EAGAN AGENCY, LTD. and Coldwell Banker Classic Inc., Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided October 26, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David L. Werth of Van Epps and Werth of Weyauwega.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Kristin K. Galatowitsch of Kubasta, Rathjen & Bickford of Wautoma.

Before Dykman, P.J., Vergeront, Deininger, JJ.

¶ 1. VERGERONT, J.

The issue on this appeal is whether the sellers in a failed residential real estate transaction are precluded, either by the terms of the purchase agreement or the doctrine of election of remedies, from recovering actual damages for the buyers' breach solely because the sellers requested the earnest money as liquidated damages and, in their initial complaint, requested the earnest money as a remedy. The buyers, James and Barbara Wanat, appeal...

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