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WANGARD PARTNERS, INC. v. GRAF

No. 2005AP1420.

719 N.W.2d 523 (2006)

2006 WI App 115

WANGARD PARTNERS, INC., Plaintiff-Appellant, The Boerke Company, Inc., Plaintiff, v. Gerald GRAF, Shirley Graf, Steinhafels, Inc. and Pewaukee Development, LLC, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed May 24, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Paul R. Erickson and Mark J. Andres of Gutglass, Erickson, Bonville, Seibel & Falkner, S.C., of Milwaukee. There was oral argument by Paul R. Erickson.

On behalf of the defendants-respondents Gerald and Shirley Graf, the cause was submitted on the brief of Lori J. Fabian and Charles M. Davies of Hippenmeyer, Reilly, Moodie & Blum, S.C. of Waukesha. There was oral argument by Lori J. Fabian.

On behalf of defendants-respondents Steinhafels, Inc. and Pewaukee Development, LLC, the cause was submitted on the brief of Paul E. Benson and Ian A.J. Pitz of Michael Best & Friedrich LLP. There was oral argument by Paul E. Benson.

Before BROWN, NETTESHEIM and ANDERSON, JJ.

¶ 1 BROWN, J.

A commercial real estate broker commenced an action against the buyer and the seller of certain real property, alleging that the parties had conspired to negotiate secretly and to delay the consummation of the agreement they reached in order to avoid paying the broker its commission. The trial court dismissed the complaint on two grounds. First, it understood the law to require that the listing contract contain certain statutory disclosures and...

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